JUDGMENT

Sureshwar Thakur, J.

Gram Panchayat Village Sibbo Chack, Block and Tehsil Mukerian, District Hoshiarpur, through its Sarpanch, instituted case No.3 of 2017, before the learned Collector concerned. The case (supra) was cast under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), against the present petitioners, respondents therein, thus seeking for their eviction from the petition land(s). Through an order made thereon, on 25.01.2018 (Annexure P-3), the learned Collector concerned decreed the said eviction petition. The aggrieved therefrom, instituted thereagainst, an appeal bearing No.1631 of 2018, before the competent appellate authority concerned, who, through a decision made thereon, on 28.06.2019 (Annexure P-4), after concurring with the verdict, as became earlier made by the learned Collector concerned (Annexure P-3), thus proceeded to dismiss the above statutory appeal. The above concurrently made decisions against the petitioners, by both the statutory authorities below, have led them to institute thereagainst, the instant writ petition before this Court.

2. Admittedly, in the ownership column of the Jamabandi, as comprised in Annexure P-7, and, relating to the petition land(s), there occurs an entry of "Makbuja Abadi Deh". Therefore, though in respect of the above entry existing in the ownership column of the Jamabandi (supra), makes the said entry, in terms of Section 2 (g)(1) of the Act of 1961, provisions whereof are extracted hereinafter, thus to become excluded from the definition of "Shamlat Deh". Though also the eviction petition, as laid before the learned Collector concerned, when relates to an order of eviction being made against the respondents concerned, petitioners herein, from an open space within the "abadi deh", though was not a well laid motion before the authorities contemplated in the Act of 1961.

"Section 2(g) "Shamilat deh" includes :-

(1) lands described in the revenue records as Shamlat deh excluding abadi deh;"

3. However, during the pendency of the instant writ petition before this Court, through Punjab Act No.16 of 2021, an insertion has occurred in Section 2 (g) of the Act of 1961, thus of an apposite inclusionary clause, whereby open spaces in the "abadi deh" are brought within the domain of the definition of "shamlat deh". The relevant provisions of the said inserted inclusionary clause, through, the Act (supra), are extracted hereinafter.

"[(4a) vacant land or plot situated in abadi deh or gorah deh not owned by any person; and]"

4. Resultantly, when the instant petition, is a continuation, of the original suit of the petitioners, therefore the said insertion of an apposite inclusionary clause, whereby open spaces within the "abadi deh" are brought within the definition of "shamlat deh", thereby obviously make the Panchayat deh, to be the owner of such open spaces, but within "abadi deh". Resultantly, in the wake of the said amendment, this Court can thus deem it fit, to apply to the disputed open spaces within the "abadi deh" land, which become purportedly encroached or occupied by the petitioners, rather the above inserted amendment, whereby, clause 2(g) (6) became inserted in the Act of 1961, thereby bringing within the realm of definition of "shamlat deh", even open spaces existing within "abadi deh".

5. Be that as it may, the petitioners could well contest the said petition, but on the limited premise, that the said open space was adjoining to their abadi, and, that it was as such used as a courtyard or a verandah to their abadi. The said claim was also required to be asserted on the plank, that since times immemorial, the said open space was thu