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SURESHWAR THAKUR, KULDEEP TIWARI
Joginder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
Petitioner Joginder Singh instituted a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'). In the said petition, he impleaded Gram Panchayat of village Bulley, Tehsil and, District Jalandhar as respondent. In the petition (supra), the petitioner claimed that he is the owner, and, in possession of the house, which became enclosed in Annexure A-1, as appended to the said petition. The said house was averred to become bounded in the hereinafter extracted manner.
| East | : House of Nirmal Singh and others |
| West | : Property of others |
| North | : Path 12 feet wide |
| South | : Property of Harpal Singh |
2. The construction raised on the petition land was contended to be so raised on a gair mumkin gali.
3. The learned Collector concerned, accepted the contentions of the Gram Panchayat concerned, that the petitioner had raised his house rather on a gair mumkin gali. Moreover, he also obviously concluded, that since a gair mumkin street or a gair mumkin phirni, did occur, within the abadi, thus the said gair mumkin rasta rather vested in the Panchayat or in the village proprietary body conce
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The court affirmed that land classified as 'Banjar Qadim' does not vest in the Gram Panchayat unless proven otherwise, and the presumption of truth in revenue records was upheld, leading to the dismi....
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