LACHHMAN SINGH Vs. GULZARI

JUDGEMENT

(1.) Whether the provisions of Section 4(1)(b) of the Punjab Village Common Lands (Regulation) Act, 1961 are applicable to land situated within the abadi deh (irrespective of the fact that it falls within the definition of shamilat deh under S. 2(g) of the said Act or not), which is under a house owned by a non- proprietor on or before the commencement of the shamilat law, as defined in Section 2(h) of the said Act--is the significant question necessitating this reference to the Full Bench.

(2.) The facts pertaining to the issue aforesaid may be noticed with relative brevity. Lachhman Singh plaintiff-appellant had brought the suit for possession as an owner averring that way back on the 30th of April 1935, his father had leased the site to one Giani Teli, a predecessor-in-interest of defendants Nos. 1 to 4 at the rate of Rs. 2/- per annum and the said Giani Teli had constructed a house thereon. On the l2th.Oct. 1965, the said Giani Teli sold a part of the--site in dispute in favour of respondent No. 5 and delivered its possession to him and hereafter both of them started claiming themselves to be the owners of the whole of the site in dispute. The claim was for a decree of possession of the suit land after removing the construction (malba) thereon.

(3.) In contesting the suit the plea of the defendants was that Giani Teli aforesaid, who was the father of defendant No. 1 was the owner in possession of the suit land and had validly sold a part thereof to defendant No. 5. The execution of any rent note or lease deed was denied. It was further pleaded that de No. 5 had spent a sum of Rs. 15,000/- on the construction of a building on a portion of the suit land sold to him. It was claimed that there had been no partition of the land in the abadi deh of village Butana among the proprietors, and Giani Teli aforesaid (and before him even his ancestors) had been occupying the site in dispute as a non-proprietor for a very long time. He thus had become the owner of the site in dispute under his residential house in view of the provisions of Section 4(1)(b of the Punjab Village Common Lands (Regulation) Act, 1961.