TARA CHAND Vs. PUNJAB STATE

JUDGEMENT

(1.) This second appeal must succeed and the case sent back to the trial Court for fresh determination.

(2.) We briefly record our reasons for this course. According to the finding of the learned Additional District Judge, the appellants have been in continuous possession of the land in dispute for more than a quarter of a century. This finding was recorded as far back as 7th of January, 1961. They were deprived of this land on the basis of Section 3 of the Punjab Village Common Lands (Regulation) Act, 1953 (Act No. 1 of 1954). This Act did not define 'Shamilat Deh'. In the preamble, however, it is stated :-

(3.) Section 3 of the 1961 Act makes the definition of "Shamilat Deh" applicable to the Shamilat law as it prevailed when the 1953 Act was passed.