A claim of ownership based on a sale deed and payment of consideration raises a question of title that must be determined by the authorities before ordering eviction under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961.

N.K.Kapoor, J.

1. This judgment shall dispose of Civil Writ Petition No. 5057 of 1992 and Regular Second Appeal Nos. 354 to 356 of 1985 as the question of law and fact involved in these cases is identical.

2. Petitioners seeks issuance of a writ of certiorari or any other appropriate writ, order or direction for quashing of the order passed by the Assistant Collector 1st Grade, Annexure P-13 and the Collector, Annexure P-14 as well as resolution of the Gram Panchayat, Annexure P-15. Briefly put, it is the case of the petitioners thai Hari Chand petitioner purchased 6 kanals 16 Marias of laud for a sum of Rs. 2550/- in open auction held on 1.5.1966. He paid a sum of Rs. 637.50 on the spot as 1/4th share of the total sale consideration vide receipt No. 47 dated 1.5.1966, Annexure P-l, and the remaining sale consideration was paid by him vide receipt dated 13.7.66 Annexure P-2. A sale deed Annexure P-3 was executed between the parties. Likewise, Shanu Ram too purchased 4 Kanals of land, paid 1/4th price at the spot vide Annexure P-4 and remaining amount vide Annexure P-5 and a sale deed was executed in his favour. Similarly, Arjan Dev purchased 5 Kanals and 17 marlas of land vide documents Annexures P-7 and P-8 and in his case also sale deed was executed. Another brother of the petitioner also purchased four Kanals of land vide documents Annexures P-10 to P-12 which property fell to the share of Hari Chand in a family settlement who is stated to be cultivating the same since the date he became its absolute owner. Thakar Dass petitioner No.4 purchased plot measuring 40 Marias comprised in Khasra No. 668 from one Dharam Chand s/o Beg Ram who had earlier purchased the same from the contesting respondent in open auction. He also purchased another plot comprised in Khasra No. 668 from one Smt. Ashawanti. This way he too is in possession of the aforesaid area purchased as owner. It is the case of the petitioners that despite the fact that they have paid full price of the land purchased way back in the year 1966, yet the Gram Panchayat without any legal basis sought eviction of the petitioners under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act) which prayer has been illegally granted by the prescribed authority and further appeal filed by the petitioners too met with same fate. The petitioners have thus challenged the order of prescribed authority - Annexure P-13, order of the Collector Annexure P-14 and the resolution dated 19.3.1992,.Annexure P-15, terming these to be wholly illegal, arbitrary, against law and material on record on the ground (i) no proper, service was effected upon Hari Chand and so the proceedings conducted against him are nonest; (ii) that petitioners No. 1 to 3 are bona fide purchasers for value, having paid the whole amount of consideration way back in the year 1966 and in possession of the same as owner and so the eviction proceedings under Section 7 of the Act were wholly unwarranted; (iii) that question of title having been raised by the petitioners, it was incumbent upon the concerned authority to refer the same for adjudication in terms of Section 13-A of the Act; and (iv) that the orders are cryptic and non speaking.

3. The writ petition was admitted and it was ordered to be heard alongwith Regular Second Appeal Nos. 354, 355 and 356 of 1985 within a year and petitioners dispossession was stayed vide order dated 5.5.1992.

4. Pursuance to the notice issued by the Court, respondent Gram Panchayat put in appearance and filed written statement in the form of affidavit of Chander Bhan, Member Panchayat, Gram Panchayat, Rania. The respondent in his reply has termed the various transactions set up by the petitioners in support of their claims to be wholly illegal and void. According to the respondent, Gram Panchayat could not sell the land to the petitioners even with the approval of the government, although in the case of the petitioners, the Gram Panchaya