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30-year-old land battle ends as Punjab and Haryana HC restores family settlement in Fazilka village

Punjab and Haryana High Court rules the disputed farmland was self-acquired under the old tenancy law, overturning an appellate verdict from 1994

3 min readChandigarhDec 12, 2025 02:07 PM IST

30-year-old land battle ends as Punjab and Haryana HC restores family settlement in Fazilka village

Bringing an end to a 30-year-old family dispute, the Punjab and Haryana High Court has upheld a family settlement over 94 kanals and 3 marlas of agricultural land in Nihal Khera village, Fazilka, ruling that the property was self-acquired and not joint Hindu family land.

Justice Deepak Gupta set aside a 1994 appellate court decision and restored the trial court’s 1992 dismissal of the suit, holding that the family arrangement was genuine and lawful.

The case was filed by Prithvi Raj, son of Mukh Ram, who claimed the land belonged to the undivided Hindu family and could not be divided through a 1987 decree by his father, granting half the land to his brother, Surja Ram. He sought a declaration that the land continued to be joint family property and asked the courts to block any transfers.

The trial court dismissed his suit in 1992, but the first appellate court reversed this in 1994, ruling that no family settlement had taken place and that the 1987 decree wrongly transferred joint family land. The defendants then moved the High Court.

Justice Gupta examined how the land came into the family. It was originally held by Har Krishan as a maurusi tenant (has legally recognised rights to cultivate land, often with hereditary status), after which the tenancy rights passed to his son, Mukh Ram.

Under the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Mukh Ram became the owner when proprietary rights were conferred by law. “These entries conclusively establish that ownership came to him for the first time by statutory operation and not by ancestral succession,” the court said.

The court cited past rulings to explain that land acquired under the 1952 Act becomes self-acquired and does not automatically become ancestral property. “When proprietary rights are conferred under the 1952 Act, the land becomes self-acquired, and the property thereafter cannot be treated as ancestral,” the judgment noted, adding that oral claims cannot change the legal effect of the statute.

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Once the land was treated as self-acquired, the court held that Mukh Ram was free to divide it. The record showed that there was a family settlement in which each of the three sons received one-fourth shares, and Mukh Ram kept one-fourth. Prithvi Raj himself had filed a suit in 1987 seeking his share under this arrangement and withdrew it after receiving a sale deed without consideration. Revenue records and a will executed in favour of another son, Pat Ram, supported the settlement.

Quoting the Supreme Court’s judgment in Kale v. Deputy Director of Consolidation (1976), the High Court said family settlements that promote peace and fair distribution should be respected to avoid prolonged litigation. The 1987 decree, it said, only confirmed what had already been agreed within the family.

The court held that the first appellate court had erred in assuming the land was ancestral and in overlooking the evidence of settlement. “The First Appellate Court fell in clear error treating a legitimate consent decree as null and void,” the judgment said. It also noted that Prithvi Raj had remained silent for years after benefiting from the settlement.

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