SATBIR SINGH Vs. THE COLLECTOR, JHAJJAR

JUDGEMENT

(1.) The land in dispute is measuring 4 bighas and 15 biswas, i.e., about one acre, situated within the revenue estate of village Kiloi, Tehsil and District Jhajjar. The Gram Panchayat filed an eviction petition against the petitioners in respect thereto, but it was dismissed on the plea that there is a title dispute between the parties. Thereafter, the inhabitants of the village filed a suit for declaration under Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana, seeking declaration to the effect that the subject land vests in the Gram Panchayat. Unfortunately, the title dispute has not been decided so far between the Gram Panchayat and the petitioners. Meanwhile, a fresh eviction petition was filed, which resulted into passing of an eviction order against the petitioners. That order is under challenge in appeal.

(2.) The only question that requires adjudication in these proceedings is whether, notwithstanding the different rounds of litigation, the petitioners' possession over the suit land deserves to be protected till their appeal is decided?

(3.) In our considered view, since the petitioners are enjoying the fruits of the suit land in their possession, they are liable to furnish adequate security to the satisfaction of the Collector, Jhajjar so that in the event of rejection of their claim, the Gram Panchayat can be suitably compensated for the period during which it would stand deprived of the possession over the suit land.