GRAM PANCHAYAT SADHRAUR Vs. BALDEV SINGH

JUDGEMENT

(1.) The following three questions of law call for determination by this Full Bench :

(2.) Pritam Singh and others, proprietors of land in Patti Sadhrawar, village Sadhrawar, Tehsil Rajpura, District Patiala, filed a suit for declaration that the suit land measuring 617 Bighas 11 Biswas was not Shamlat deh and did not vest in the Village Panchayat. Permanent injunction to the effect that the Gram Panchayat and the Gram Sabha in favour of some of the defendants was also prayed for. Besides, possession of the land which had been leased out by the Gram Panchayat and the Gram Sabha in favour of some of the defendants was also prayed for. The suit was contested by the Gram Panchayat and other respondents who were lessees from the Gram Panchayat. It was contended by the latter that the suit land was Shamlat as defined in sub-clause (g) of Section 2 of the Punjab Village Common Lands (Regulation) Act. 1961 (hereinafter called the 1961 Act) and as such, vested in the Gram Panchayat and that the plaintiffs were not entitled to the same. In view of the pleadings of the parties, the following issues were framed :-

(3.) Compromise was arrived at in Regular Second Appeal No. 1327 of 1973. As a result, the same has been dismissed as withdrawn. Arguments have been heard in the other appeal, namely, Regular Second Appeal No. 1239 of 1973.