Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(4a) - - Eviction - Validity - Shamlat deh - Petitioner's plea that as he tethers cattle, parks vehicles, has placed bricks etc. land is not vacant - Held, these mere incidents of user that do not ripen into an indefeasible right of possession or ownership - Petitioner cannot, on basis of user, assert that land..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5A -- Ejectment - Specific plea taken by petitioners that they were owners in possession of shamilat deh land as per their share - Ample evidence led in this regard - However, neither Collector nor appellate authority discussed evidence produced by them - Order passed, presuming Gram Panchayat as owner and that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(ix) -- Shamlat deh - Exclusion from - Held, S.2(g)(ix) excludes land from Shamilat Deh if it is being used as a place of worship or for purposes subservient thereto, immediately before commencement of the 1961 Act - A person invoking S.2(g)(ix) is required to prove - (a) that land in dispute is being used as..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(ix) -- Shamlat Deh - Exclusion from - Land in dispute is agricultural land and is not being used as a place of worship - Held, petitioners are required to prove by clear and cogent evidence that land in dispute which is a large parcel of agricultural land is being used for purposes subservient to religious..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(ix) -- Shamlat Deh - Exclusion from - Held, mere fact that a piece of land is in possession of a religious institution would not give rise to an inference that land is being used for a purpose subservient thereto - Use of land for a purpose `subservient thereto' requires person raising such a plea to prove..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(ix) -- Shamlat Deh - Exclusion from - Petitioners apart from proving entries of their possession, prior to 26.01.1950 i.e. prior to enactment of 1954 and 1961 Acts, have not adduced any evidence to support their plea that land, in dispute, is used for any purpose subservient to Dera - Petitioners have not..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(viii) -- Shamlat deh - To claim ownership of shamlat deh by virtue of S.2(g)(viii) of the Act, following things have to prove (i) cultivating possession of land prior to 26.1.1950 (ii) land in dispute being assessed to land revenue and (iii) land in possession is not in excess of their share in such shamlat..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 6, 10A - - Panchayat land - Sale to close family member of Sarpanch - Validity - Resolution passed by Gram Panchayat is devoid of purpose of sale and sale has been effected in favour of a very close family member of Sarpanch - Held, sale cannot stand the test of judicial scrutiny - Sale in favour of petitioner is..........
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..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Jumla Mushtarka Malkan, land - Unauthorized occupants - Petitioners are in possession of land described as, Jumla Mushtarka Malkan, which was included in Shamilat Deh, by S.2(g)(6) of the 1961 Act - Held,..........
