GURTEJ SINGH Vs. DIRECTOR, CONSOLIDATION OF HOLDINGS MOHALI

JUDGEMENT

(1.) The petitioners have challenged the order dated 30.04.2019 by which the District Revenue Officer-cum-Consolidation Officer, Barnala has issued warrant of possession of the land in question in favour of respondent No. 3-Sant Saran Singh.

(2.) In brief, on 23.10.1992, the Consolidation Officer, SAS Nagar, Mohali passed an order under Section 21(2) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as "the Act of 1948") in favour of respondent No. 3 in respect of the land comprising Khasra No. 85//19/2 (2-4), 20(8-0), 21/2(2-8), 21/2(4-18), 86//16/1(5-4), 25(3-7), 627(7-1) measuring 34 Kanal and 12 Marla.

(3.) Respondent No. 3 filed an application under Section 23(2) of the Act of 1948 on 06.06.2011 submitting that out of the total land measuring 34 Kanal 12 Marla, situated in the area of Village Kot Duna, Barnala, possession of the land comprised Khasra No. 85//21/2 (4-18), 86//16/1(6-4), 25(3-7) measuring 14 Kanal 9 Marla is still with the petitioners, and prayed for the issuance of warrant of possession in respect of land measuring 14 Kanal 19 Marla. The said application was resisted by the petitioners on the ground that they had purchased the land in question from Shingara Singh, Jarnail Singh, Pritam Singh Sons of Sajjan Singh and Sukhdev Singh, Bhura Singh sons of Karnail Singh S/o Sajjan Singh resident of Kot Duna, Barnala on 02.06.2005. It was argued by the learned counsel for the petitioners that the application for seeking warrant of possession was time barred as it could have been filed within a period of three years from the date of partition in view of Section 122 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as "the Act of 1887"). However, the application was allowed by the learned Court below while referring to the judgement rendered by this Court in the case of Kartar Singh Vs. Lal Singh and others, 1972 PunLJ 268 (DB).