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A. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 2(g), 11 -- Gair marusi – Right of ownership -- Gram Panchayat is recorded in the column of ownership and name of father of the petitioner recorded as Gair Marusi (A non-occupant tenant) in the column of cultivation -- A non-occupant tenant cannot acquire the status and rights of Marusi and claim ownership.

(Para 7)

B. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 2(g), 7 -- Code of Civil Procedure, 1908 (V of 1908), Order 6 -- Pleading in civil suit – Admission as Shamilat deh -- In suit plaintiff/ petitioner specifically pleaded that the suit land is Shamlat Deh, and, ejectment therefrom could only be ordered u/s 7 of the Act -- Now the petitioner cannot turn around, and, say that the suit land is not Shamlat Deh, rather, it is Nazul land.

(Para 9)

C. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 2(g) 13 -- Shamilat deh – Jurisdiction of civil court -- Civil court has no jurisdiction with regard to Shamlat land -- Therefore, any order passed by the civil court would be coram-nonjudice, thus a nullity.

(Para 9)

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