PRITAM DASS ALIAS PRITAM CHAND Vs. DEPUTY COMMISSIONER, DISTRICT SHAHEED BHAGAT SINGH NAGAR, PUNJAB & OTHERS

JUDGEMENT

(1.) The petitioner claims to be in continuous possession of the land through his ancestors. On 23.4.2001, a case was filed before Collector, Balachaur when a report was submitted by Block Development and Panchayat Officer, Saroa. Reference is made to this report, where it is stated that there is only a possibility that Patwarkhana might have been existing on the disputed property before 35-40 years ago. The report further disclosed that at present the property is in possession of Pritam Dass. As per the petitioner, the report does not in any manner indicate that the property belongs to the Gram Panchayat. Reference is made to another report where it is mentioned that existence of Patwarkhana at the disputed place is not clear. Still, the Gram Panchayat, through Sarpanch, filed an application for ejectment before the Sub-Divisional Magistrate on 12.8.2002. The Sub-Divisional Magistrate has, however, held that the Panchayat has no locus to file the application for ejectment.

(2.) The Gram Panchayat failed to produce any documentary evidence regarding disputed property being a Patwarkhana. This happened in the year 2002. Thereafter, the petitioner filed a suit on 29.5.2006 seeking declaration that he is owner in possession of the disputed property. This suit was dismissed on 18.3.2011, but the Civil Judge held that petitioner is in settled possession of the suit land.

(3.) Some comments are made on the judgment passed by the civil court.