JASSU Vs. COMMISSIONER, AMBALA DIVISION & ORS

JUDGEMENT

(1.) Petitioner is in possession of land measuring 5 kanals 13 marlas falling in khasra No.19//3/2 and 8/2. Respondent No.4-Block Development & Panchayat Officer, Nagona filed an application under Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 (in short "the Act") seeking ejectment of the petitioner from the above piece of land. After giving opportunity to both the parties to lead evidence, Assistant Collector Ist Grade, Ferozepur Jhirka, vide order dated 9.3.1986, found, as a matter of fact, that possession of the petitioner starts from the year 1953-54. Taking note of the same and finding that possession of the petitioner does not start before the cut off date, his ejectment was ordered. Petitioner went in appeal, which was dismissed by the Appellate Authority on 16.6.1986. When dismissing his appeal, it was observed as under:

(2.) It was noticed that the land is under ownership of the Gram Panchayat and petitioner has failed to bring his case within the exceptions carved out to the definition of Shamlat Deh Land under Section 2(g) of the Act. Petitioner went in revision which was dismissed on 15.6.1987. View expressed by the Courts below was reiterated.

(3.) At the time of arguments, counsel for the petitioner has failed to refer to any document to show that the petitioner was in cultivating possession before 26.1.1950. He has also failed to prove on record as to when petitioner was inducted as a tenant. There is also nothing on record to show that at any time rent was paid to the Gram Panchayat. As per revenue record, land is shown as Panchayat Deh.