STATE OF PUNJAB Vs. BHAG SINGH

JUDGEMENT

(1.) The appellants-State of Punjab are in Regular Second Appeal against the judgment and decree dated 14.11.1986, whereby, the suit for possession, mandatory and permanent injunction preferred by the respondent-plaintiffs, has been decreed and appeal filed thereto, has been dismissed, vide judgment and decree dated 11.01.1990.

(2.) Before I could advert to the arguments of learned counsel for the parties, it would be in the fitness of things to give preface of the matter for adjudication of the dispute.

(3.) Bhag Singh, Nohar Singh, Jagir Singh (since deceased), Harbans Lal and Dharam Pal alleged to be resident of Dholewal, Tehsil and District Ludhiana in their representative capacity filed a suit seeking following relief:- "Suit for possession of land measuring 1 8-14 B, 16 B comprised in khewat no.949, khatauni no.1344/4, khasra nos.2345/422, situated in village Dholewal, Tehsil and District Ludhiana and mentioned in the Jamabandi of the year 1969-70 and bounded as under:- North : Railway Line, South: G.T. Road East: Abdul Chani Dar Indian Oil Co. West: Balwant Kaur, and also shown red in the plan attached and for mandatory injunction directing the defendants not to change the user of the land as cremation grounds in any way and in revenue the super structures illegally constructed thereon and also for permanent injunction restraining the defendants from interfering in the use of the land as a cremation ground by the plaintiffs and Hindu residents of village Dholewal and from changing the use of this land in any way." on the premise that they being residents of village Dholewal and were professing Hinduism. They and their ancestors had been cremating the dead-bodies on the land in dispute from the time immemorial. Initially, the proprietors of the village Dholewal reserved the land measuring 2B-3B-4B comprised in khasra nos.422 and 2344/422 by dedicating the same for the purpose of cremation. In the revenue record, it was recorded as 'Marghat' and in the column of possession as 'Ahle Hanood', whereas, in the column of ownership, it was written as 'Shamlat Deh'. After the enactment of the Punjab Village Common Land Regulation Act, 1961 (in short "1961 Act"), it was reflected to be ownership of 'Gram Panchayat'. However, entry in the column of possession remained the same. Village Dholewal came within the municipal limits of Municipal Committee, Ludhiana. Out of the land described above, PWD Department acquired 0B-8B-8B area for the construction of a road and a separate khasra number was allotted to this portion as khasra no.2344/422, whereas, the remaining land measuring 1B- 14B-16B continued to remain in possession of Hindu residents of village Dholewal and was being used as cremation ground. However, a police post was forcibly established in the room which had been reserved for storage and keeping the ashes of the dead-bodied and other purposes.