Judgment

Mr. Sureshwar Thakur, J.

The private respondents herein, petitioners in Case No.324, as became instituted on 19.09.2013, before the learned Collector concerned, claimed thefrein rendition of a declaratory decree of title from the learned Collector concerned, exercising powers as such under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the ‘Act of 1961’), thus against the Gram Panchayat of Village Kanaura, Tehsil Kharar, District S.A.S. Nagar. The learned Collector concerned, on the pleadings of the parties, framed the hereinafter extracted issues:-

“(i) Whether the petitioners are entitled for declaration as owner in possession ? (OPP)

(ii) Whether the land is under the possession of petitioners before 26.1.1950? (OPP)

(iii) Whether the suit is maintainable in its present form? (OPD)

(iv) Whether the land was reserved or used for common purpose of the village at any point of time? (OPD)

(v) Whether the suit land vests in Gram Panchayat? (OPD)

(vi) Is the land, shamlat deh, as described in Section 2 (g) of the Punjab Village Common Lands (Reg.) Act, 1961? (OPD)

(viii) Relief”

2. On an examination of the evidence, as became adduced by the litigan