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IN THE HIGH COURT OF PUNJAB AND HARYANA
AMIT RAWAL, J.
State of Punjab – Appellant
Vs.
Bhag Singh – Respondent
RSA No. 1555 of 1991
Decided On : 05-02-2018
Possession - Land Dispute - Punjab Village Common Land Regulation Act, 1961 - 1961 Act
Fact of the Case:
The suit involved a dispute over possession of land used as a cremation ground by Hindu residents of a village. The land was initially reserved for cremation by the proprietors of the village and later vested in the Gram Panchayat under the 1961 Act. The appellants contested the suit, claiming that the land had been shifted to the Municipal Corporation and the cremation ground had been relocated.
Finding of the Court:
The Court found that the plaintiffs failed to establish their locus standi and ownership of the disputed land. It held that the ownership of the Municipal Corporation remained unchallenged and the cremation ground had been shifted to a different location. The Court also emphasized the importance of evidence in establishing claims.
Issues: The issues included the locus standi of the plaintiffs, ownership of the disputed land, and the relocation of the cremation ground.
Ratio Decidendi: The Court relied on the provisions of the Punjab Village Common Land Regulation Act, 1961 to determine the ownership of the disputed land. It emphasized the need for evidence to support claims and highlighted the significance of establishing locus standi in representative suits.
Final Decision: The Court set aside the judgments and decrees of the lower courts and dismissed the suit, allowing the appeal.
Amit Rawal, J.
The appellants-State of Punjab are in Regular Second Appeal against the judgment and decree dated 14.11.1986, whereby, the suit for possession, mandatory and permanent injunction preferred by the respondent-plaintiffs, has been decreed and appeal filed thereto, has been dismissed, vide judgment and decree dated 11.01.1990.
2. Before I could advert to the arguments of learned counsel for the parties, it would be in the fitness of things to give preface of the matter for adjudication of the dispute.
3. Bhag Singh, Nohar Singh, Jagir Singh (since deceased), Harbans Lal and Dharam Pal alleged to be resident of Dholewal, Tehsil and District Ludhiana in their representative capacity filed a suit seeking following relief:-
"Suit for possession of land measuring 18-14 B, 16 B comprised in khewat no.949, khatauni no. 1344/4, khasra nos. 2345/422, situated in village Dholewal, Tehsil and District Ludhiana and mentioned in the Jamabandi of the year 1969-70 and bounded as under:-
North : Railway Line,
South: G.T. Road
East: Abdul Chani Dar Indian Oil Co.
West: Balwant Kaur,
and also shown red in the plan attached and for mandatory injunction directing the defendants not to change the user of the land as cremation grounds in any way and in revenue the super structures illegally constructed thereon and also for permanent injunction restraining the defendants from interfering in the use of the land as a cremation ground by the plaintiffs and Hindu residents of village Dholewal and from changing the use of this land in any way."
on the premise that they being residents of village Dholewal and were professing Hinduism. They and their ancestors had been cremating the dead-bodies on the land in dispute from the time immemorial. Initially, the proprietors of the village Dholewal reserved the land measuring 2B-3B-4B comprised in khasra nos.422 and 2344/422 by dedicating the same for the purpose of cremation. In the revenue record, it was recorded as 'Marghat' and in the column of possession as 'Ahle Hanood', whereas, in the column of ownership, it was written as 'Shamlat Deh'. After the enactment of the Punjab Village Common Land Regulation Act, 1961 (in short "1961 Act"), it was reflected to be ownership of 'Gram Panchayat'. However, entry in the column of possession remained the same. Village Dholewal came within the municipal limits of Municipal Committee, Ludhiana. Out of the land described above, PWD Department acquired 0B-8B-8B area for the construction of a road and a separate khasra number was allotted to this portion as khasra no. 2344/422, whereas, the remaining land measuring 1B-14B-16B continued to remain in possession of Hindu residents of village Dholewal and was being used as cremation ground. However, a police post was forcibly established in the room which had been reserved for storage and keeping the ashes of the dead-bodied and other purposes.
4. Notice was served upon the defendants but they rather constructed one room 30'x12' on the adjoining property in the illegal possession of Balwant Kaur. They also demolished the Shiv Mandir. A telegram was sent to the S.H.O, P.S. Division No.6, Industrial Area, Ludhiana but to no effect. It is in this background of the matter, the suit aforesaid was filed.
5. The suit was contested by the appellant-defendants by taking various preliminary objections with regard to res judicata, locus-standi and by further stating that a similar suit filed by one Vashisht Dev Sharma and others was pending adjudication in the Court of Sub-Judge Ist Class, Ludhiana and therefore, the suit was liable to be stayed. Even the objection with regard to non-service of the defendants under section 80 of Code of Civil Procedure, much less payment of Court fee, was also taken.
6. On merits, it was stated that land measuring one bigha of land of khasra number was recorded as Banjar Kadeem while 0B-14B-16B was recorded as Marghat but it was never used for cremation of dead-bodies. The factum of land being o
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