SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have been evicted in proceedings initiated under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Act) from land comprised in Khasra No.42 min. in Village Jalalpur Khurd, Block Lohian Khas, Tehsil Shahkot, District Jalandhar. Their appeal has also been rejected and thus, the present writ petition has been filed.

(2.) Learned counsel for the petitioners has argued that the revenue record shows that the ownership of the land in dispute vests in 'mushtarka malkaan hasab rasad rakba khewaf. This entry clearly establishes that the land is owned by the proprietors of the village. Possession is recorded with the general public and this establishes the fact that the petitioners have been in possession at least since 1963-64 as reflected in the jamabandi of the said year copy of which is on record as Annexure P-2. Thus, the proceedingsinitiated under the Act were without jurisdiction as the Gram Panchayat is not the owner of the land in dispute.

(3.) Notice of motion.