SITO Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) AGGRIEVED against the order of ejectment, the petitioners have filed this writ petition to impugn the said order. Claiming themselves to have purchased the land from some of the rightholders/proprietors, who are in cultivating possession of the shamlat land prior to 26 January, 1950, the petitioners have challenged the order of their ejectment.

(2.) THE petitioners along with one Ram Sarup had purchased 7 marlas of land from Ami Chand son of Devi Dayal rightholder/proprietor. A sale deed in this regard was also registered and mutation was also entered. Similarly, Ram Sarup owner to the extent of 1/2 of the disputed land sold his share to petitioner No. 2 Shadi Ram in the year 1967. On 11.11.1964, Gram Panchayat village Brahman Majra filed an application under Section 7 (2) of the Punjab Village Common Lands (Regulation) Act, 1961 against the proprietors/right holders. It is claimed that these proceedings for ejectment were dropped on the ground that right-holders had produced documentary evidence to show that they were in cultivating possession before 26.1.1950. Now this land has come to vest in Municipal Committee and accordingly it has filed an application for eviction under Sections 4, 5 and 7 (2) of the Punjab Public Premises Act, 1973 before Collector, Fatehgarh Sahib.

(3.) THE petitioners, however, would stake their claim on the basis of registered sale deed dated 12.5.1966 and 27.7.1967. They would also claim that they are not in unauthorised possession of the disputed land and thus, the judgment of the Hon'ble Supreme Court would not be binding on them. They would accordingly contest the order of the Collector ejecting them from the land.