Gram Panchayat Vill Mulepur vs Prem Singh & Ors on 16 February, 2015
[30]. The ingredients of Section 2(g)(viii) are also required to be
answered on the basis of aforesaid phenomenon of banjar qadim.
Individual cultivating possession of even co-sharers cannot be
presumed with the entry of banjar qadim in column No.8 of the
jamabandi. In the absence of any evidence of partition, no finding
can be given whether co-sharers are in possession according to their
shares or not. The aforesaid jamabandi further reveals that the land
is exempted from land revenue/bachh which further negates the
applicability of Section 2(g)(viii) as the land was not assessed to land
revenue. On the aforesaid aspect reliance can be placed on 2012
Volume 3 RCR (Civil) 289 titled as Gurdev Singh (deceased)
through LRs vs. Additional Director, Panchayat, Punjab and
another.