(1.) The Collector, the Commissioner and the learned Single Judge have decided against the appellants. They have ordered their eviction from the land in dispute. Not satisfied, the appellants have filed the present Letters Patent Appeal. A few facts as relevant for the decision of this case may be briefly noticed.
(2.) The appellants claim that they were in possession of agricultural land measuring 3-41-88 Hectares in Village Salimpur Jattan, Tehsil and District Patiala. They claim to have reclaimed the land and continued in possession as owners. This right was acknowledged by the Panchayat and the suit filed by the appellants for a declaration that they had become owners by adverse possession had been decreed by the Civil Court on February 6, 1979. Soon thereafter on March 29, 1979 mutation was sanctioned. That having happened, the appellants claim that they have become owners.
(3.) On October 13, 1980, the Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 before the Collector, Patiala. It claimed to be the owner of the land and prayed that the present appellants be evicted. The Panchayat had also filed another application under Section 11 praying that it be declared to be the owner of the land. The appellants had contested these petitions on the basis of decree in their favour. However, the claim made by the Panchayat was accepted by the Collector. Vide order dated October 12, 1982, the Collector found that "the bid of the land in dispute was stuck in favour of Karnail Singh son of Chhaju Singh for two years at the rate of Rs. 1,220/- per year on 3.6.1977.....".It was further found that the Civil Court had passed the decree on February 6, 1979 on the admission by the Panchayat. The case was not decided on merits. It was still further found that the present appellants "had not proved their possession since before January 26, 1950." With these findings, it was concluded that the appellants were not the owners and that they were in unauthorised occupation. Consequently, they were ordered to be evicted.