Constitution of India, 1950, Article 226, 227, Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Respondents in unauthorised occupation of Shamlat land - Ejectment ordered - Question of title decided by the High Court - Land held to be 'Charand' falling within the definition of Shamlat Deh - Warrant of possession issued - Commissioner in appeal directed..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(1)(g), 7 -- Shamlat den - Bachat land - Bachat land literally means that it is an excess area over and above the consolidation pool - It is the property of the proprietary body and not of any particular individual - Legally it cannot be said to be a Shamlat Deh - The proceedings of eviction could not have been..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 2(g)(1), Punjab Village Common Lands (Regulation) Rules, 1964, Rule 13, Constitution of India, 1950, Article 226 -- Gift of Shamlat Deh (Charand) to establish Educational Academy and Government granted sanction to resolution of Gram Panchayat - Land in Consolidation Scheme earmarked as Pasture (Charand) for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Common purposes mentioned in clause (4) - Not all exclusive - Does not mean that land reserved for any other purpose would not be included or covered under clause (4) of Section 2(g) - If a particular piece of land used or reserved for benefit and use of a particular community - Would be covered under..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Question of proving title over suit land - Plaintiff has to succeed in the matter of ownership on the basis of his title and irrespective of the fact that his adversary is owner or not - Once plaintiff has failed to prove himself as owner - Suit has to be dismissed - Plaintiffs never recorded to be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4, 5, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 3(2) -- Charand land - If Shamlat Deh of the village being used as Charand - Falls under definition of Shamlat Deh under Section 2(g) of the Act - Even if in revenue record nature of land recorded as Banjar Qadim - Does not make any difference..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Suit/application filed by petitioners under Section 11 - Burden of proof lies on them to establish that being proprietors of the village, they are owners of land in question and the same does not fall under definition of Shamlat Deh in Section 2(g) nor it vests in Gram Panchayat under Section 4 -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Shamlat deh - Land in question mutated in favour of petitioner Gram Panchayat in the year 1954-55 - The said change in ownership from Shamlat Deh Hasab Rasad Jare Khewat neither challenged by respondent No.3 nor by any proprietor of the village - Merely because the land in question was described as `Banjar..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Question whether land in dispute Shamlat Deh or not - Additional Director Consolidation has no authority or jurisdiction to go into - Can only be decided by Authorities under Punjab Village Common Lands (Regulation) Act, Sections 2(g) and 11...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Land reserved during consolidation for common purposes, recorded in Jamabandi in the name of Mushtarka Malkan and in cultivation column Panchayat Deh in possession of lessees of Gram Panchayat - Before ordering partition it has to be determined whether land in question is Shamlat..........
