GITA DEVI Vs. NOTIFIED AREA COMMITTEE

JUDGEMENT

(1.) This Regular Second Appeal arises from a suit for declaration filed by the appellants Smt. Gita Devi widow of Mahabir Parshad and other sons and daughters etc. of Mahabir Parshad in which they wanted to establish their ownership in possession of the land in dispute as it did not fall within the definition of Shamilat land as defined in Section 2(g)(5)(viii) of the Punjab Village Common Lands (Regulation) Act, 1961 . According to the plaintiff-appellants the land in dispute stood assessed to land revenue and they were in continuous possession of the same since January 26, 1970, flowing therefrom the assertion that the Notified Area Committee, Mahendergarh, had been wrongly recorded as owner in the column of ownership Plea of adverse possession was also taken as an additional ground for claiming ownership on the basis of continuous possession for the last more than twelve years and on that basis the appellants prayed that the respondent-defendants be restrained from interfering in their possession.

(2.) According to the Notified Area Committee, the land in dispute was a part of Shamilat Khewat and the plaintiff-appellants never became owners of the same even by adverse possession.

(3.) Another suit for declaration with respect to the same, land in dispute was filed by Durga Parshad and others which was consolidated by the trial Court with this suit filed by Smt. Gita Devi and others.