SUKHDEV SINGH Vs. GRAM SABHA BARI KHAD

JUDGEMENT

(1.) The plaintiffs who have been unsuccessful in the trial Court, the court of first appeal, and the High Court in second appeal, have filed the present appeal by special leave. They raised their suit for a declaration that the suit land continued to be in their ownership in spite of the provisions of the Punjab Village Common Lands (Regulation) Act. 1961, hereinafter referred to as the Act. They pleaded that the land had been purchased by their ancestor Udham Singh, who founded the village, for Raja Sansar Chand of Dholwaha, some time before 1884, and that some other land was gifted to him by one Smt. Dhani. They claimed that what they had thus acquired was not "shamlat deh" within the meaning of clause (g) of Section 2 of the Act because it was excluded by virtue of sub-clauses (iv) of the proviso to the clause. That contention has been negatived all through, and the short question for decision is whether any interference is called for with that view.

(2.) It has not been disputed before us that the land in question was described in the revenue records as "shamlat deh", and excluded "abadi deh". That has in fact been amply proved by the jama-bandi of the year 1914-15 which has been produced by the plaintiffs themselves and its genuineness has not been controverted before us. As such, by virtue of the definition of "shamlat deh" in clause (g) of Section 2, the suit land fell within the definition of "shamlat deh." The question remains whether it was excluded from that definition by vitrue of sub-clause (iv) of the proviso to clause (g) which reads as follows, -

(3.) The appeal fails and is dismissed with costs.