HAZARA SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Plaintiff-appellant Hazara Singh and Harbans Singh filed the present suit for declaration to the effect that the proprietary body of Village Ghel is owner of the land in dispute described in the heading of the plaint and that the respondent Gram Panchayat has no concern with the same; that the land in suit is 'Mustarka Malkan' which was carved out during the consolidation of holding in the village by the Consolidation Authorities by imposing a cut upon the holding of the proprietary body of the village i.e. Khewatdars of Village Ghel, whose names are mentioned in the Jamabandi for the year 1958-59 (Misel Hakiat); that the suit land is being cultivated by some of the Khewatdars of Village Ghel since the day of consolidation of holdings; that the suit land is 'Bachat land' of Village Ghel and that the Khewatdars of the village including the plaintiff-appellant are entitled to get the same partitioned from the revenue authorities but the respondent-Gram Panchayat is claiming ownership of the suit land illegally and forcibly.

(2.) The suit was contested by the respondent-Gram Panchayat. In the written statement filed by it, preliminary objections that the suit is barred under Section 13 of the Punjab Village Common Lands (Regulation Act, 1961; that the Civil Court has no jurisdiction to try the suit; that neither the plaintiffs nor any other Khewatdars of the village are in possession of the suit land and that the suit for mere declaration is not mainainable, were taken. It was further pleaded tht the land in dispute is 'Shamlat' as defined under Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 and the respondent-Gram Panchayat is owner of the same. The respondent-Gram Panchayat has been giving the land in dispute on lease on every year for the last 35 or 36 years and the income of the lease money is being used for the welfare and common purposes of the village.

(3.) On the pleadings of the parties, the trial Court framed the following issues besides that of relief:-