Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Question as to title - Held, once petitioners have taken land on lease they were estopped to lay challenge to ownership rights of Gram Panchayat - After expiry of lease period their possession become unauthorized - Dismissal of application claiming title over suit land proper - Petition dismissed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Shamlat deh - Power of review - There is no provision under the Act conferring power upon Appellate Authority to review its order...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, 2(g) -- Suit for declaration of title to land by Gram Panchayat - Plea of Panchayat that disputed land is `shamlat deh' - Petitioners raising objection by pleading that they are in cultivating possession of land since 1950 - Petitioner also pleaded that mutation entries were made in their favour - Mutation..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Vesting of land in Gram Panchayat - Jurisdiction of Collector - Held, only authority empowered to determine whether land vests or does not vest in a Gram Panchayat is a Collector exercising power u/s.11 of the 1961..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Shamlat Deh - Question of title - Decision of - Procedure for - Held, Collector is required while adjudicating a dispute u/s.11 to call upon Panchayat, or where Panchayat has filed a petition, opposite party to file its reply to frame issues,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Shamlat Deh - Question of title - Decision of - Notice was not issued to Gram Panchayat - Issues were not framed - No opportunity was granted to petitioner to lead evidence before petition was dismissed in a summary and perfunctory manner -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3), 11 -- Shamilat deh - Mere fact that land may have been entrusted to Forest Department, by a body of private individuals or members of patti, is not sufficient to exclude land from `Shamilat Deh' or to hold that petitioner or society are owners of the land, in dispute...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Title of Gram Panchayat - Assertion as to - Held, possession of any person without any right, title or interest cannot possibly translate into ownership or estop Gram Panchayat from asserting its title...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Proceedings u/s.7 of the Act - Question of title - Decision as to - Held, orders passed u/s.7 of 1961 Act are summary in nature - Any finding recorded on question of title does not operate as res-judicata in proceedings initiated for adjudication of question of title - Only authority empowered to decide..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Gram Panchayat land - Proprietary rights - Held, illegal sale of Gram Panchayat land by other lessees or failure of Gram Panchayat to challenge these sale deeds cannot divest Gram Panchayat of its proprietary rights...........
