JARNAIL SINGH Vs. JOINT DIRECTOR

JUDGEMENT

(1.) The petitioners are in possession of agricultural land measuring 3-41-88 hectares, comprising in Khasra Nos. 328,329,331,332,333 and 334 situate in village Salimpur Jattan, Tehsil and District Patiala. According to the petitioners, the land was lying Banjar and the grand-father of the petitioners had reclaimed the land and since then they have been in possession of the land as owners.

(2.) It has further been averred that the Gram Panchayat of the village claimed that the land in dispute belonged to it and attempted to interfere with the possession of the Petitioners. The petitioners filed civil suit for declaration that they had become owners of the land by way of adverse possession and the Gram Panchayat be restrained from interfering in their possession. The suit was decreed on 6th February, 1979. The decree has been attached as Annexure P-1 to the petition. The decree reads as under :

(3.) No appeal etc. was filed by the Gram Panchayat against the above said Judgment and decree and the judgment became final. It has also been pleaded that the petitioners reported the matter to the Patwari regarding the judgment and a mutation was sanctioned on the basis of the said judgment in favour of the petitioners on 29th March, 1979, In the record of rights also correction was made and in the jamabandi of 1980-81; the petitioners were recorded as owners in possession of the land.- -This mutation was also not challenged by the Gram Panchayat.