RAMJAS Vs. GRAM PANCHAYAT M MAMAR KHERA

JUDGEMENT

(1.) This order will dispose of Regular Second Appeal Nos. 13, 14, 15, 69 and 70 of 1959. The respondent is the Gram Panchayat of the village Mamar Khera and the appellants are the right-holders in the Shamilat Deh.

(2.) The case of the plaintiffs is that they were the exclusive owners of the land in their possession and that the Gram Panchayat had no interest in that land. At the time, when the suit was filed, whatever land was recorded in the revenue papers as Shamilat Deh had vested in the Gram Panchayat under the provisions of the Punjab Village Common Lands (Regulation) Act, 1953. This Act did not define 'Shamilat Deh' and whatever was recorded in the revenue papers as 'Shamilat Deh' vested in the Gram Panchayat according to the provisions of section 3 of the Act. Section 3 is in these terms :-

(3.) The result, therefore, is that all these appeals are allowed and the cases remitted to the trial Court for determination in accordance with law and the observations made above. The costs will be costs in the cause. The parties are directed to appear in the trial Court on the 29th of May, 1967.