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SURESHWAR THAKUR, SUKHVINDER KAUR
Gurmail Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Since all the writ petitions (supra) arise from a common order, therefore all the writ petitions (supra) are amenable to be decided through a common verdict.
2. One Gurmail Singh, and, one Teja Singh both respectively instituted case bearing No. DDDP (11) Bhunerheri-40, and, case bearing No. DDDP(11) Bhunerheri-41, before the learned Collector concerned, whereins they impleaded the Gram Panchayat concerned, as respondent. In the said cases (supra), the above claimed the rendition of a declaratory decree qua them, for theirs becoming declared as lawful owners in possession of the suit land, as detailed in the head note of the cases (supra).
3. Both the cases (supra) were decided through a common order being made thereon, on 10.1.1994. The learned Collector concerned, after considering the relevant entries, as carried in the relevant revenue records, whereins in the column of possession thereof, the disputed lands were shown as Maqbuza Malkan, and, in the column of cultivation, they were described as Banjar Kadim, besides in the column of ownership there occurs an entry of Hasab Rasad Arazi Khewat, thus concluded, that petitioners in the suits (supra)
The presumption of truth in revenue records prevails unless cogent evidence is presented to the contrary, affirming the Gram Panchayat's ownership over disputed lands.
The presumption of truth in revenue entries can be rebutted by cogent evidence demonstrating independent possession prior to the statutory cut-off date.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
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