MOHINDER SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Vide this judgment, I shall be disposing of two appeals bearing RSA No.3466 of 1997 and RSA No.1242 of 1998 which are connected.

(2.) Gram Panchayat-appellant in RSA No.1242 of 1998 had filed a suit for permanent injunction restraining the defendants-appellants in RSA No.3466 of 1997 from cutting and removing the trees standing on the land measuring 8 kanals and 9 marlas claiming that the land is part of a common passage reserved during consolidation of holdings. The defendants contested the suit pleading that they are owners in possession of the property and some portion of the land is being used as a private passage. Both the Courts after appreciating the evidence held that since the land is described in the revenue record as a public passage, therefore, management thereof vest with the Gram Panchayat, although, in the ownership column, all the proprietors of the village have been recorded as owners. Both the Courts have also granted injunction in favour of the Gram Panchayat restraining the defendants from stopping any one from using the passage.

(3.) Since the defendants are claiming to be owner of the property, therefore, the primary issue which needs determination is whether the defendants are owners and whether the property falls within the definition of Shamlat Deh as defined under Sec. 2(g) of the Punjab Village Common Land (Regulation) Act, 1961.