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Punjab State And Another vs Sh. Naranjan Singh And Others on 12 December, 2013 cites

Amar Singh Modi Lal vs State Of Haryana And Ors. on 25 March, 1971

"7. We will take up first the Letters Patent Appeals filed by the Singh Ravinder 2014.01.06 11:34 I attest to the accuracy and integrity of this document Chandigarh -8- RSA No.1172 of 1987 State Government. It is a concerned position that in these cases, there is no record-of-rights prior to 18th November, 1971, but there is record-of-rights, only after this date. That being so, we are to see whether in the Sharait-Wajib-ul-arz, it has been expressly provided under Section 42(2) of the Act. It shall be presumed to be belonging to the landowners and as stated above this presumption is not rebuttable. There is catena of authorities of this Court, wherein it has been held that unless there is a specific mention to the contrary in the record-of-rights completed after 18th November, 1871, the brick-earth belongs to the landowners. These are M/s. Amar Singh Modi Lal v. State of Haryana and others, AIR 1972 Punjab and Haryana 356; Punjab State vs. Shadi Lal and others, 1985 (1) Land Law Reports 265; Punjab State s. Jagdish Chander and another, 1983 PLR 695; (M/s Nanak Chand Ghasi Ram v. State of Punjab etc), R.S.A. 581 of 1983 decided on 3rd November, 1983 and Punjab State v. M/s Vishkarama and Co. and others, R.S.A. No.902 of 1973 decided on 16th September, 1982. The Sharait-Wajib-ul-arz, in all these cases are almost similar. The one in C.W.P. No.894 of 1981, which was as Annexure R-1 with the written statement, is reproduced below:
Punjab-Haryana High Court Cites 38 - Cited by 30 - Full Document

State Of Punjab vs Shadi Lal on 4 September, 1959

"7. We will take up first the Letters Patent Appeals filed by the Singh Ravinder 2014.01.06 11:34 I attest to the accuracy and integrity of this document Chandigarh -8- RSA No.1172 of 1987 State Government. It is a concerned position that in these cases, there is no record-of-rights prior to 18th November, 1971, but there is record-of-rights, only after this date. That being so, we are to see whether in the Sharait-Wajib-ul-arz, it has been expressly provided under Section 42(2) of the Act. It shall be presumed to be belonging to the landowners and as stated above this presumption is not rebuttable. There is catena of authorities of this Court, wherein it has been held that unless there is a specific mention to the contrary in the record-of-rights completed after 18th November, 1871, the brick-earth belongs to the landowners. These are M/s. Amar Singh Modi Lal v. State of Haryana and others, AIR 1972 Punjab and Haryana 356; Punjab State vs. Shadi Lal and others, 1985 (1) Land Law Reports 265; Punjab State s. Jagdish Chander and another, 1983 PLR 695; (M/s Nanak Chand Ghasi Ram v. State of Punjab etc), R.S.A. 581 of 1983 decided on 3rd November, 1983 and Punjab State v. M/s Vishkarama and Co. and others, R.S.A. No.902 of 1973 decided on 16th September, 1982. The Sharait-Wajib-ul-arz, in all these cases are almost similar. The one in C.W.P. No.894 of 1981, which was as Annexure R-1 with the written statement, is reproduced below:
Supreme Court of India Cites 18 - Cited by 17 - S J Imam - Full Document
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