SUHAGWANTI Vs. MUNICIPAL COUNCIL AND ANR.

JUDGEMENT

(1.) THE Plaintiff had filed a suit for declaration that she had become owner in possession of the property in dispute.

(2.) THE case of the Plaintiff, in brief, was that she had become the owner of the suit property. As per the revenue record i.e. jamabandi for the year 1939 -40, the land measuring 2 kanals 12 marlas was shown to be owned by shamlat deh. However, the Deputy Commissioner, Ferozepur vide order dated 4.1.1976 sanctioned the mutation No. 20118 in favour of the Defendant regarding ownership of the suit property. The said order was illegal, null and void. Bijli Mal had sold the suit property to Rattan Chand, husband of the Plaintiff, who had died on 2.4.1996. The possession of the suit property was handed over by the vendor to the vendee about 20 years ago. Prior to the purchase of the suit land by the husband of the Plaintiff, Bijlimal was in possession of the suit property for the last 30 years. An electric connection had been installed in the name of Rattan Chand for domestic purposes. Municipal Committee had filed an selectment application under Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery), Act, 1973 and the same was allowed by the Collector, Ferozepur. An appeal filed by the Plaintiff was dismissed by the Commissioner, Ferozepur Division, Ferozepur vide order dated 13.5.1999. The Defendants, in their written statement, averred that the Municipal Committee had become owner of the suit property and mutation had been sanctioned in favour of Defendant No. 1 on 2.7.1981. As per notification dated 4.1.1976 entire shamlat deh land, Nazool land and rehabilitation land stood transferred in the name of Municipal Committees/Notified Area Committees.

(3.) WHETHER this Court has got no jurisdiction under the provisions of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act? OPD