JUDGMENT

Kuldeep Tiwari. J. - By placing reliance upon the revenue record i.e. jamabandi for the year 1890-91 (Annexure P-5), jamabandi for the year 1936-37 (Annexure P-6), and, jamabandi for the year 1940-41 (Annexure P-7), the petitioner claimed to be owner in possession of the land which is recorded as 'Shamlat Deh Hasab Rasad Khewat' on the ground that the petitioner through his predecessor-in-interest is in possession of the suit land, prior to the year 1950 as share holder. A perusal of the above jamabandis shows that in the column of owner 'Shamlat Deh Hasab Rasad Khewat' is recorded, and, whereas, in the column of cultivator, Fauza Singh is recorded as Hisedar, and, the nature of the land is recorded as either barani or, and, some as gair mumkin. On the strength of the above documents, the petitioner filed a suit for declaration under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act' for declaring the petitioner as cosharer to the extent of half share of land measuring 23 kanal 7 marla bearing khasra No.2//18(4-9), 19(3-19), 20(9-2), 22(2-7), 23(3-10), in accordance with Jamabandi for the year 2006-07 situated in the a