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ANIL KSHETARPAL
Narinder Singh – Appellant
Versus
Pritam Singh (Since Deceased) through his Legal Heirs – Respondent
ANIL KSHETARPAL, J.
1. With the consent of the learned counsel representing the parties, Regular Second Appeal No. 2188 of 1989 and Civil Writ Petition No. 16335 of 1996, which are inter se connected, shall stand disposed of.
2. In order to comprehend the controversy involved in these two cases, it is significant to take note of the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as “the 1961 Act”) and a Constitution Bench judgment in Gram Panchayat of Village Jamalpur v. Malwinder Singh and Others (1985) 3 SCC 661.
3. In order to consolidate and amend the laws regulating the rights in Shamlat Deh and Abadi Deh, the State Legislature has enacted the Punjab Village Common Lands (Regulation) Act, 1953 (hereinafter referred to as “the 1953 Act”) and the Pepsu Village Common Lands (Regulation) Act, 1954 (hereinafter referred to as “the 1954 Act”). However, after repealing both the aforementioned Acts, the 1961 Act was enacted, which received the assent of the President of India on 16.04.1961. Section 2(g) of the 1961 Act defines “Shamilat Deh” which reads as under:-
(1) lands described in the revenue records as shamil
The main legal point established in the judgment is the exclusive jurisdiction of the Court of the Collector under Section 11 of the 1961 Act to decide disputes related to the ownership of land, and ....
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
The main legal point established in the judgment is the interpretation of land definitions and ownership rights under the relevant Acts, and their application to the maintainability of the eviction p....
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