CHHAJJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners have laid challenge to the orders dated 31.10.1988, 26.02.1991 and 01.10.1992 (Annexure P4 to P6), respectively. Vide order dated 31.10.1988, the Assistant Collector, 1st Grade, Rohtak accepted the eviction petition filed by the Block Development and Panchayat Officer, Rohtak under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable to the State of Haryana and rejected the cross -claim of the petitioners under Section 13 -A of the Act for declaring them the owner(s) of the land in dispute and vide orders dated 26.02.1991 and 01.10.1992, the appeal and revision petition preferred by the petitioners against the above -mentioned eviction order were turned down by the Collector, Rohtak and the Commissioner, Rohtak Division, respectively.

(2.) THE case of the BDPO in the eviction petition was that the Gram Panchayat was owner of the land in dispute measuring 42 kanal 1 marla which was exchanged with the land owned by the petitioners measuring 33 kanal 12 marla for the reason that the land of the petitioners was adjacent to the school and there was no passage thereto. The oral exchange was statedly made in the year 1972 which the parties continued to adhere till 1982. Thereafter, the petitioners are said to have re -possessed their exchanged land and also continued to retain unauthorized possession of the Gram Panchayat land. Consequently, eviction petition was filed.

(3.) AS against it, the case of petitioners was that no such oral exchange ever took place and they, through their predecessor -ininterest, are in peaceful, physical and hostile possession of the land in dispute since 1953. As the petitioners raised the title dispute in their defence, the Assistant Collector, 1st Grade, Rohtak, in accordance with the proviso to Section 7 of the Act which says that in the event of title dispute being raised, the proceedings would be converted into that of Section 13 -A and such eviction petition then shall be decided by following the procedure as prescribed under Section 13 -A, converted the eviction petition into a regular suit and formulated the following issues: -