A. Punjab Land Records Manual, Para 9.9 -- Jamabandi entry – Change in -- Land in question earmarked for Bazigar community -- Jamabandi for the year 1966-1967, reflected it as “Gair Mumkin Ababdi Makbooja Bazigar” -- Same entry in the jamabandi for the year 1986-1987 – Later in jamabandi for the year 2006-07, without there being any order passed by any of the competent authority/Court, the said entry has been changed to “Gair Mumkin Plot” -- Para 9.9 of the Punjab Land Records Manual that enjoins the revenue authorities to issue notice to all concerned before carrying out any change in the revenue entries -- Change made in the revenue entries in favour of Gram Panchayat was bad in law being in violation of the procedure laid down under Para 9.9 of the Punjab Land Records Manual of granting opportunity or putting to notice to all concerned and affected.
(Para 9, 10)
B. Punjab Land Records Manual, Para 9.9 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Jurisdiction of the Civil Court -- Once the change in entries from “Gair Mumkin Abadi Makbooja” to “Gair Mumkin Plot” have been found to be illegal and bad in law being in violation of the procedure laid down for the said purpose, no question of title was involved in the dispute, thereby creating a bar of jurisdiction with the civil Court -- Once respondents No.1 to 7 have been proved and found to be members of Bazigar community, there was no legal impediment for them to have filed suit for possession regarding the property earmarked for the common purposes of benefit of their entire community.
