GURBAKHASH SINGH Vs. JOINT DIRECTOR PANCHAYAT AND OTHERS

JUDGEMENT

(1.) Gurbakhash Singh filed this petition to challenge the proceedings against him under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act). The petitioner pleaded that Gram Panchayat Baroli had filed an application before the Collector under Section 7 of the Act with regard to Khasra 170 (2-07), 171 (4-0) situated in Baroli. The case was instituted on August 6, 1980 for dispossessing Gurbakhash Singh and others from the said land. The respondents had disputed the title of the panchayat over the land. This necessitated the second application under Section 11 of the Act filed on May 12, 1981. Both the applications were consolidated.

(2.) The respondents had defended the case on the basis of the civil court decree dated January 3, 1963 in favour of Bakhtawar Singh. The learned Sub Judge Ist Class, Rajpura had declared that Bakhtawar Singh was in possession of the suit land since January 26, 1950. Bakhtawar Singh had died and his heirs had sold the land to Balwant Singh son of Sunder Singh, who further sold it to Ishar Singh and Jeeta alias Jeet Singh sons of Chattar Singh and some others.

(3.) The Collector did not accept that the civil court decree proved ownership and continuous possession over the suit land prior to January 26, 1950, therefore, the Gram Panchayat was declared to be the owner of the land in dispute.