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47-year-old land dispute: Punjab and Haryana High Court upholds protection for bona fide buyer

Justice Deepak Gupta says the Punjab Government cannot deny title when its own sale certificate carried no bar on transfer.

3 min readChandigarhNov 20, 2025 02:59 PM IST

The High Court dismissed the state government’s challenge in full. (File)

Nearly half a century after the dispute began, the Punjab and Haryana High Court has dismissed a 1997 second appeal filed by the State of Punjab and upheld the protection granted to a bona fide purchaser under Section 41 of the Transfer of Property Act.

Pronouncing judgment in RSA 993 of 1997 on Wednesday, Justice Deepak Gupta said there was “no scope to disturb the concurrent findings” of the trial court and the first appellate court, which had both ruled in favour of Kewal Singh, who purchased the land in 1981 and has been in possession since.

The case concerns 40 kanal 14 marla of land in Lalpura village, Balachaur, originally allotted as surplus land to Gurmail Singh in 1977. He later sold part of it to Kewal Singh through a registered sale deed in 1981.

The Punjab Government argued that the 1973 Utilisation of Surplus Area Scheme barred the allottee from selling the land for 15 years and that the sale violated Clause 10(c).

Justice Gupta rejected the plea after noting that the State’s own records contradicted its stand.

“The Sale Certificate dated November 23, 1978, issued by the State in favour of Gurmail Singh, did not incorporate the non-alienation clause,” the judge said, adding that a government witness had admitted this omission during testimony. “This omission proved fatal to the State’s case,” he said.

The court also upheld the finding that Kewal Singh had made inquiries with the village patwari before purchase and that the revenue record showed the allottee as owner.

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Section 41 of the Transfer of Property Act, the judge said, acts as “a shield for an honest buyer”. “Since Gurmail Singh was the ostensible owner and Kewal Singh exercised reasonable care in good faith, his purchase for consideration was protected against the State’s claim,” he noted.

The court further found that the Collector’s 1983 cancellation of the allotment was passed without giving any hearing to either the seller or the purchaser. Justice Gupta termed this a “clear violation of the principle of natural justice”.

Another factor that weighed against the state government was the issue of parity. Gurmail Singh had sold the remaining portion of the land to another buyer, Laxman Singh, who also won a suit on identical facts. The State never challenged that decree.

“In the circumstances, the State cannot be allowed to pursue the same legal argument against Kewal Singh, when it had acquiesced in the parallel suit,” Justice Gupta said.

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Finding the appeal “devoid of merit”, the court upheld the 1994 trial court decree and the 1996 appellate court order recognising Kewal Singh as owner in possession.

The High Court dismissed the state government’s challenge in full.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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