RAJBIR SEHRAWAT, J.

1. This case is heard as a part of a bunch of cases, i.e. RSA No. 2186 of 2007, RSA No. 3133 of 2001, CWP No. 4764 of 2001, CWP No. 4352 of 2001 and CWP No. 5033 of 2001. These cases have been heard together since one of the party i.e Shivala, claiming to be the owner of the land in question in all the cases, is the same in all the above-said cases and the remaining parties are either, admittedly, the tenants under that party or the Municipal Committee who claims its ownership over a part of land; on the ground that it became owner subsequently because it is so recorded in the revenue records.

2. However keeping in view the nature of the proceedings availed by the parties the appeals are being decided separately and the writ petitions are being decided separately.

3. Although cases are being decided separately however it is beneficial to mention some common facts in each of the judgments.

4. Undisputedly the Shivala is a religious institution. This religious institution was given land measuring 100 Bigha Pukhta by the British Government of India vide order dated 08-03-1842; by way of grant in perpetuity. In the year 1954 this land was mutated in the name of Gram Panchayat Rania, (Now in District Sirsa) in the column of ownership but in the column of cultivation Shivala was entered as occupant of land as "Muafidar Bai-Tamam Puran Gir Chela Nand Gir". Since on the basis of this change of entry the status of the Shivala as owner was sought to be disputed, therefore, The Shivala filed a civil suit against Gram Panchayat Rania for the declaration of its status as "Pattedar Doami" (Perpetual Lessee). The suit filed by Shivala was decreed on 29-10-1964 and this decree attained finality. Vide this decree, the Shivala was declared as "Pattedar Doami" (Perpetual Lessee) over the entire land (Measuring 97 Bighas Pukhta - as it measured on the date of filing the suit).

5. In the meantime the Consolidation proceedings took place in the village. During the Consolidation the entire land measuring 97 Bigha Pukhta (291 Bigha Kacha) was converted into land measuring 471 Kanal 18 Marla. This fact is not disputed by either party. Hence, the present proceedings relate to, in total, the land measuring 471 Kanal 18 Marlas, although individual cases involve different parcels of land out of this total land.

6. In the meantime, The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act 1952 had come into being. Under this Act, the tenants who were having long possession and were not paying any rent beyond the land Revenue were declared to be owners of the land on which they were the tenants. Since, the Shivala was declared to be perpetual lessee over the entire land and it was not required to pay even the land revenue being Muafidar, besides not paying any rent to anybody, therefore, on the basis of the above-said decree dated 29-10-1964, the Shivala moved an application before the revenue authorities for entering its name as owner of the land in question under Sections 3 to 5 of the above-said Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act 1952. Accordingly the revenue authorities entered Mutation No. 3614 sanctioned on 08-03-1967; entering the Shivala as the owner of the land and all the private parties in the present proceedings were recorded as tenants under the Shivala.

7. However, although the above-said decree dated 29-10-1964 was regarding the entire land measuring 471 Kanal 18 Marlas and the status of this entire land was also the same, however, while entering the aforesaid mutation of ownership; the Shivala was recorded as owner only qua the land measuring 376 Kanal 16 Marlas. Resultantly, the land measuring 95 Kanal 2 Marlas remained recorded under the ownership of the Gram Panchayat. No reason is discernible from the record as to why this land measuring 95 Kanal 2 Marlas was not mutated in the name of Shivala when the remaining entire land was mutated in its name.

8. Feeling aggrieved by the incompl