SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CWP No.35420 of 2019 titled as "Sucha Singh and others Vs. State of Punjab and others" and CWP No.35423 of 2019 titled as "Karnail Singh Vs. State of Punjab and others" as the issue involved in both the petitioners are same. However, for the sake of convenience the facts are being extracted from CWP No.35420-2019.

(2.) The petitioners have challenged the orders dated 17.11.2015 passed by respondent No.3 and 1.8.2018 passed by respondent No.2 by which an application filed under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 [for short 'the Act'], by the Gram Panchayat, has been allowed.

(3.) In brief, the predecessor-in-interest of the petitioner (Isher Singh) had filed Civil Suit No.368 in the year 1975 in the Civil Court at Bassi Pathana. Isher Singh sought the declaration that he is owner in possession of the property in dispute without any interruption from more than 50 years without paying any batai or chakota to the Gram Panchayat. Written statement to the suit was filed by the Gram Panchayat. On the pleadings of the parties, only one issue was framed "whether the plaintiff has become the owner of the land in dispute?"; and onus was placed upon the plaintiff to prove the same. Gram Panchayat did not lead any evidence. The witnesses of the plaintiff were also not cross-examined by the defendant. The plaintiff, however, relied upon only two jamabandi i.e. Ex. P-1 of the year 1963-64 and Ex. P-2 of the year 1968-69. The trial Court found that the land in dispute is in possession of the plaintiff for more than 12 years and since there was no evidence led by the defendants to rebut the evidence of the plaintiff, the suit was decreed declaring the plaintiff as owner by way of adverse possession. The Gram Panchayat also did not file any appeal to challenge the judgment and decree dated 29.9.1975 and the matter came to rest at that time. However, an application under Section 11 of the Act was filed later on by the Gram Panchayat in the year 2004 claiming its title over the property in dispute bearing Khasra Nos.19//11/2/1 (3-4), 12/1/1 (4-0), 13/1(4-0), 13/1 (0-9), 13/2 (7-11), total measuring 15 kanal 4 marla, situated in Village Naulakha, Tehsil and District Fatehgarh Sahib on the ground that the land in dispute is recorded in the revenue record as Shamlat and vests in the Gram Panchayat. The said application was dismissed by the Collector, Fatehgarh Sahib on 29.5.2009 on the ground that the title of the property has already been determined by the Civil Court in favour of the predecessor-in- interest of the petitioner and the remedy, if any, to challenge the said judgment and decree is with the Civil Court. However, the appeal filed by the Gram Panchayat was allowed on 09.03.2012.