Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(l) -- Charand land - Falls under definition of shamlat deh - No distinction between charand and shamlat deh - Provisions of Act applicable to charand land...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g)(l) -- Land recorded in revenue record under ownership of panchayat deh - Plea that provisions of the Act for eviction applicable only to shamlat deh and eviction from panchayat deh can be sought only under Public Premises and Land (Eviction and Rent Recovery) Act - Not tenable...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 2(g) -- Question that suit property not Shamlat Deh and owned by plaintiffs decided by Civil Court decree dated 15.3.1961 - Plaintiffs as owners already in possession of land prior to 1950 - Land would not form part of Shamlat Deh under any provision of law - Civil Court has jurisdiction to grant decree for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Shamlat Deh - Land under user and control of villagers...........
Constitution of India, 1950, Article 226 -- Plea that Authorities constituted under Punjab Village Common Lands (Regulation) Act have no jurisdiction at all to proceed with the case as land not Shamlat Deh as defined in Section 2(g)(i) inasmuch as land is subject to river action - Merely because Authority has proceeded in the case by even prima facie considering the land..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 3 -- As amended by Amendment Act of 1995 - Shamlet Deh - Application for possession of land on ground that land vested in Panchayat - Collector found that suit land was owned by Gram Panchayat and ordered delivery of its possession to Panchayat - Upheld by Commissioner and Writ Petition dismissed by High Court..........
Punjab Village Common Lands (Regulation) Act, Section 13 -- Suit in Civil Court for injunction claiming to be owner in possession of suit property - Defendants asserted that site in dispute a street and a Chowk being used by all villagers for common purposes, same belongs to Gram Panchayat and jurisdiction of Civil Court barred under Section 13 as site in dispute Shamlat..........
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 to go into - Can be decided by Authorities under Punjab Village Common Lands (Regulation) Act - Supreme Court decision in Gram Panchayat Nurpur's case 1997 (1) PLJ 260 Followed..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 8(3) -- Sale of Shamlat Deh land - Shamlat (Panchayat) land encroached upon prior to 1962, house constructed on the same and the person residing therein with his family for more than 35 years - Land never used for any common purposes, though it is Shamlat Deh - Gram Panchayat has no objection to selling the land to..........
Punjab Land Revenue Act, 1887, Section 115, 116, 117 -- Disallowance of partition on the grounds : (i) disputed land used as Gau Charand; and (ii) by amendment of 1992-93 of Punjab Village Common Lands (Regulation) Act, Panna Shamlat Deh land has become Shamlat - Land cannot be partitioned unless question of title decided in regular suit under Punjab Village Common Lands..........
