SAROJ MAHESHWARI Vs. STATE OF HARYANA & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 8745-8746 of 2016, Judgment Date: Sep 02, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                   CIVIL APPEAL  NO(S). 8745-8746 OF 2016
                 (ARISING OUT OF SLP(C) NOS.7710-7711/2015)


      SAROJ MAHESHWARI                                   APPELLANT(S)

                                VERSUS

      STATE OF HARYANA & ORS.                           RESPONDENT(S)

                               J U D G M E N T

ANIL R. DAVE, J.

1.    Heard the learned counsel for the parties.
2.    Leave granted.
3.    Upon perusal of the impugned judgment, it appears that the  possession
of the land in question was with the owners of the land in question in 2002-
2003.  Whereas, as per the respondents the possession was taken over in  the
year 1995-1996.  There appears to be some doubt, which was not  examined  by
the High Court.
4.    Therefore, we set aside the impugned orders and remand the matters  to
the High Court so that it can be decided afresh after hearing the parties.
5.    The appeals are disposed of as allowed with no order as to costs.

                                                   .......................J.
                                                          [ANIL R. DAVE]


                                                   .......................J.
                                                      [L. NAGESWARA RAO]
      NEW DELHI;
      SEPTEMBER 02, 2016.