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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSH BUNGER
Mohinder Singh (Deceased) Through Lr – Appellant
Versus
Gram Panchayat, Balluana – Respondent
JUDGMENT :
Harsh Bunger, J.
1. Petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for setting aside order dated 28.09.1989 (Annexure P-7) passed by the learned District Development and Panchayat Officer-cum-Collector, Ferozepur; whereby, he was ordered to be ejected under the provisions of Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973 (in short 'the 1973 Act') from land measuring 18 kanals - 9 marlas, comprised in Khasra No.40/2(7-7), 25(6-6), 67/5/1(4-6) situated in Village Balluana, Tehsil Abohar, District Ferozepur.
A further prayer has been made for setting aside order dated 23.04.1991 (Annexure P-9) passed by the learned Commissioner, Ferozepur Division, Ferozepur; whereby an appeal filed by the petitioner against his eviction order dated 28.09.1989 (Annexure P-7) was dismissed.
2. Briefly, in May-1989, respondent No.1-Gram Panchayat, Balluana through its Sarpanch, filed an eviction petition under Sections 4, 5 and 7 of the 1973 Act, seeking eviction of the petitioner from the afore-said land. The petitioner appeared in the afore-said eviction proceedin
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
The central legal point established in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
Adverse possession requires proof of open, continuous, and hostile possession with the necessary animus, which the petitioner failed to establish.
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