Eviction of unauthorised occupant – Destructive stands -- Two stands are mutually destructive inasmuch as, on one hand, the petitioner is claiming ownership of the land in question and at the same time, he is seeking protection of his possession as a “tenant” -- Mutually destructive stands are not permissible in law.

(P&H HC) Decided on: 31.10.2022

Vesting of -- No document to substantiate plea that petitioner is a tenant under the Gram Panchayat – Still further, petitioner has not challenged the judgment and decree passed by the learned Civil Judge, findings have been returned that though the suit property is the ownership of the Gram Panchayat but the same is possessed by the plaintiff -- In view of the facts & circumstances and also the provisions contained in Section 7 read with Section 2(g) of the Act, 1961 and Rule 19 of the Rules, 1964; the land in dispute vests with the Gram Panchayat.

(P&H HC) Decided on: 31.10.2022

Jumla Malkan Wa Digar Haqdaran Arazi Hassab Rasad -- Jumla Malkan -- Mushtarka Malkan – Explanation appended to sub Section 6 of Section 2(g) of the HVCL Act, 1961 clearly states that the lands entered in the column of ownership of record of rights as “Jumla Malkan Wa Digar Haqdaran Arazi Hassab Rasad”, “Jumla Malkan” or “Mushtarka Malkan” shall be shamilat deh within the meaning of this section.

(P&H HC) Decided on: 31.10.2022

Eviction proceedings – Res-judicata -- It is well settled that the proceedings u/s 7 of the Act, 1961 are summary in nature and the principles of res judicata are not attracted thereto.

(P&H HC) Decided on: 31.10.2022

Eviction of Unauthorised occupant – Penalty -- Penalty @ 1% of the Collector rate of the land per acre per annum, as provided under Section 7(2) of the Act, 1961, upon the petitioner imposed w.e.f. the date of filing of the eviction petition up to the date of taking over the possession of the land in dispute from the petitioner -- DDPO to determine the total amount of penalty in terms of Section 7(2) of the HVCL Act, 1961 and shall ensure that the said penalty amount does not exceed 10% of the current Collector rate on the date when the said amount is deposited in terms of Section 7(2) of the Act, 1961.

(P&H HC) Decided on: 31.10.2022

Jurisdiction of civil court -- “As to whether the land meant for the construction of school playground is Shamlat deh or not?” – Section 13 of Punjab Village Common Lands (Regulation) Act, 1961 bars the jurisdiction of the court to entertain or adjudicate upon any question whether any land or other immovable property is Shamlat deh or not -- Exclusive jurisdiction to decide such question vests with the Collector.

(P&H HC) Decided on : 29.07.2022

Title dispute – Gair marusi -- Jamabandi since the year 1935-36 indicates the land to be 'Shamlat Deh' -- All the records since the earlier time to the cut-off date of 26.01.1950 indicate that the Gram Panchayat has been entered as the owner in the column meant for the said purpose -- In the Jamabandi since the year 1976-77 till 2006-07, the Gram Panchayat is entered in the ownership column and on the other hand, petitioners have been shown as Gair Marusi, which shows that they are in illegal possession of the land – Petitioners cannot be declared the owners of the land in question.

(P&H HC) Decided on: 19.05.2022