A. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 2(g)(i), 4(3)(ii) -- Shamilat deh – Brani first -- Gair dakhilkar  -- Gair marusi -- Vesting in Panchayat – More than 12 years cultivable possession immediately preceding to the commencement of the Act  -- Ground of – Jamabandi of 1939-40, in ownership column-Shamlat deh, in cultivation column-name of the father of the petitioners as gair dakhilkar and in the column of area and kind of land, it is recorded as brani first – Simpliciter the “shamlat deh” as per Section 2(g)(i) falls in the inclusionary clause, brani first is non cultivatable land, petitioners cannot claim that their father was in cultivating possession in the year 1939-40 -- In the name of cultivator, name entered as gair marusi, meaning thereby he is 'non occupant tenant' -- Collective reading of the entries makes it clear that the land falls within the ambit of 'Shamlat Deh' – Contention that, by the dint of provisions of Section 4(3)(ii) of the Act, the land saved from vestment in the Panchayat, is not tenable.

(Para 7)

B. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 2(g)(i), 4(3)(ii), 7, 11 – Shamilat deh – Vesting in Panchayat – Civil Court order – Effect of – Civil Court order that the father of the petitioners shown to have been in possession of the disputed land for more than 12 years and in view of Section 4(3)(ii) of the Act, the suit land does not vest with Panchayat – Held, this order is of no consequence, as it has not been passed by the competent authority exercising the powers under the Act because no petition has been filed either u/s 7 or 11 of the Act.

(Para 8)

C. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 2(g)(i), 4(3)(ii) – Shamilat deh – Cultivation possession -- Banjar Kadim -- If a land remains uncultivated for a successive period of 8 harvest then the same is recorded as banjar kadim -- In the jamabandis for the year 1939-40 and 1943-44, the nature of the land is recorded as banjar kadim -- This dislodges the stand of the petitioners that they or their fore-fathers were in cultivating possession – Petitioners failed to prove that they were in cultivating possession of Shamlat Deh for more than 12 years immediately preceding the commencement of this Act, rather, the revenue records with which presumption of truth is attached speaks otherwise, and, the land clearly falls within the inclusionary clause of Shamlat Deh, and, therefore, by the dint of provisions of Section 4(1) of the Act, the land vests in the respondent-Gram Panchayat.

(Para 8)