ADDITIONAL DIRECTOR CONSOLIDATION OF HOLDINGS PUNJAB Vs. XXXXXXXXXXXXXXXX

JUDGEMENT

(1.) Since both the writ petition(s) (supra), involve common questions of law, besides, with the controversy involved thereins appertaining to similar parcels of lands, thus, they are amenable to be decided through a common order.

(2.) One Darshan Singh instituted a petition under Sec. 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter for short called as 'the 1948 Act') against the Gram Panchayat and also against the Jumla Mushtarka Malkan of Village Reshamshahwala, whereins, he claimed that since in the jamabandi drawn for the years 1957-58, the suit land was described thereins to be owned by Mushtarka Malkan Digar Hissadaran Hasab Rasad Rakba and that when in the column of cultivation thereof, the entry of Maqbuja Malkan occurred. Therefore, the petitioner thereins, contended that the petition lands were in the individual cultivating possession of his predecessor-in-interest one Bhagat Singh, who was cultivating the suit lands in terms of his share in the Mushtarka Malkan land.

(3.) The petitioner therein-Darshan Singh also contended that in the consolidation scheme, the suit land was allotted to Bhagat Singh but subsequently through Mutation No. 554, the ownership of the suit lands became conferred upon the Gram Panchayat, and, resultantly the petitioner therein becoming recorded as Gair Marusi under the Gram Panchayat.