PARBHU AND ANR. Vs. THE GRAM PANCHAYAT

JUDGEMENT

(1.) VIDE my order dated 21st November 1961, I had remanded this case to the trial Court for giving a finding as to the effect of the enforcement of the Punjab Village Common Lands (Regulation) Act No. 18 of 1961, on the rights of the parties after giving them an opportunity to lead evidence thereon. This report had to come through the learned Senior Subordinate Judge, who was also directed to record his finding after hearing the parties. The report has been received and the case has been put up for hearing.

(2.) THE trial Judge held that the land in suit was not shamilat deh as defined in Clause (g) of Section 2 of Punjab Act No. 18 of 1961, because it lay outside the abadi deh and was used as a gitwar and house by the Defendants. That being so, the rights of the Plaintiff -Panchayat therein came to an end. He, consequently, held that the Plaintiff was no longer the owner of the land in suit and had no locus standi to bring and maintain the present suit.

(3.) LEARNED Counsel for the Respondent has challenged this report. The facts found in this case are these (1) the site in dispute in 1953 was shamilat deh and lay outside the abadi. No gitwar or kotha was constructed thereon. In the revenue records in the proprietors' column, 'shamilat deh' was written and in the cultivation column, it was written 'maqbooza malikan' (in the possession of the proprietors), (2) on 3rd September, 1955, a mutation was effected that this land had vested in the Panchayat, and (3) the Defendants took possession of this land in kharif 1956 and constructed a Kotha and a gitwar thereon. The Punjab Village Common Lands (Regulation) Act, 1953 (Punjab Act No. 1 of 1954) (hereinafter referred to as 1953 Act) came into force on 9th January, 1954, while the Punjab Village Common Lands (Regulation) Act, 1961 (Punjab Act No. 18 of 1961) (hereinafter referred to as 1961 Act) on 4th May, 1961. The relevant provisions of 1961 Act for the determination of this case are as follows: