G.C.Mital and I.S.Tiwana JJ.

1. Gram Panchayat Badauchhi Kalan filed an application under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) against Nagahia Singh to seek his ejectment from the Shamlat Deh land. The application was opposed and it was pleaded that he was in possession as a landowner in the village, was entitled to keep possession of the same as a landowner not being in excess of his share. After evidence, it was concluded that he was entitled to retain 7 Kanals 2 Marlas as a landowner. On this basis he was found to be in excess possession of 9 Kanals 18 Marlas for which order of ejectment was passed by the Assistant Collector Ist Grade, Patiala, dated 22nd March, 1968, copy Annexure P-1. In 1975 the Sarpanch of the Gram Panchayat filed a fresh application under section 7 of the Act against Bant Singh son of Nagahia Singh, i.e. the son of the person against whom order Annexure P-1 was obtained, to seek ejectment from Shamlat Deh land. He contested the application and stated that he had been in possession of the land in dispute since the times of his ancestors and being Khewatdar (landowner) was entitled to