SIRI RAM Vs. GRAM SABHA OF VILLAGE KHUD

JUDGEMENT

(1.) The dispate in this second appeal relates to six mango trees in village Khud. four of which are standing in field Khasra No. 3420 while the remaining two trees are in field Khasra No. 3421. The land under the trees was considered by the Courts below to have vested in the Gram Panchayat of village Khud, Tehsil Una.

(2.) Most of the land in village Khud, which was recorded as shamilat deh, was partitioned by the village propriety body as long ago as in the year 1920. A portion of the shamilat deh was, however, kept undivided but according to Siri Kam and Telu appellants the mango trees standing on the land of field KhasraNos. 3420 and 3421 were given to their predecessors in- interest at the time of the partition.

(3.) The Gram Panchayat not only claimed that the shamilftt deh had vested in it in pursuance of the provisions of the shamilat -law but also asserted its right to the mar go trees and the produce there of. The dispute in respect of the trees between the appellants on one hand and the Gram Panchayat on the other at first came up for settlement before the revenue authorities. The Assistant Collector, First Grade, Una, by his order dated July 3, 1962 decided in favour of the Gram Panchayat. On an appeal the Collector, Hoshiarpur, by his order dated September 27, 1962 held that the trees in question belonged to the appellants whereas the land belonged to the Gram Panchayat. That order of the Collector was, however, set aside by the Commissioner on an appeal of the Gram Panchavat.