RAM PHAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since all the writ petitions arise from a common thereto orders embodied in Annexure P-7, therefore, all the writ petitions are amenable for being decided through a common verdict.

(2.) Jagdev Singh son of Mal Singh, Ram Phal son of Nikka Singh, and, Jagdev Singh son of Nikka Singh, all respectively constituted cases bearing Nos.1046/DDPO, 1047/DDPO, and, 1048/DDPO, thus before the learned Collector. The above cases were filed under Sec. 11 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'). In the suit (supra), the plaintiffs claimed the making of a declaratory decree of ownership in their favour in respect of the suit khasra numbers.

(3.) The basis for making the above decision became founded, upon the factum, that though in the jamabandis pertaining to the suit lands, and, relating to the year 1961, the disputed lands were reflected as Shamlat Deh, and, in the column of ownership, the Gram Panchayat concerned, was reflected to be the owner of the said lands. However, since in the subsequent jamabandis an entry in the column of ownership, thus reflecting Mushtarka Malkan was made thereins. Therefore, it was concluded, especially when there is no evidence existing on record, thus suggestive, that the plaintiffs are Chakotedars over the disputed lands, that thereupon they are entitled to the espoused declaratory decree of title as owners over the disputed lands.