JUDGMENT :

Sureshwar Thakur, J.

1. The instant petition is directed against the order dated 30.9.2015 (Annexure P-4), whereby the Appellate Court concerned, after allowing the appeal bearing No. 110 of 2015, as became preferred by one Baldev Singh, against the denial to him of the espoused declaratory decree, through the order dated 21.2.2005 (Annexure P-2), by the learned Collector concerned, thus reversed Annexure P-2, and, also thereby assigned the declaratory relief to the plaintiff one Baldev Singh.

2. The suit claim reared before the learned Collector concerned, by one Baldev Singh, became rested on the premise, that he had acquired valid right, title, and, interest to the suit land, on the basis of applicability to him, of the relevant savings clause, to the definition of shamlat deh, as occurs in Section 2(g)(viii) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act of 1961’). The relevant savings clause, which became relied upon by the plaintiff (supra), in his declaratory suit, becomes extracted hereinafter.

“(viii) was shamilat deh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess o