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1 - 3 of 3 (0.17 seconds)The Punjab Tenancy Act, 1887
Nirmal Singh And Another vs State Of Punjab And Others on 5 July, 2011
It is the case of the Gram Panchayat that the subject land is
owned by it. To establish this fact the counsel for the contesting respondents
has placed reliance on Jamabandi for the year 1965-66 (Annexure R7/1), as
per which the subject land was recorded as 'Banjar Kadim Thur' owned and
cultivated by Panchayat Deh. A presumption therefore, arises that the land
in dispute is owned and vests in the Gram Panchayat. The petitioners have
failed to rebut the said presumption by producing reliable
evidence/documents. The petitioners are relying upon Jamabandi for the
year 2015-16 (Annexure P-1) wherein the category of land in question was
recorded as 'Gair Mumkin Abadi'. The petitioners failed to produce revenue
record of the previous years to show that the nature of the subject land is
'Abadi Deh', since long. One thing is clear that even in Jamabandi
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(6) CWP-7782-2020 (O&M)
Annexure P-1 the nature of the land in question was not recorded as 'Abadi
Deh' and rather it was shown 'Gair Mumkim Abadi'. A Co-ordinate Bench
of this Court in CWP-19418-2010 titled as Nirmal and Another vs. State of
Punjab and Others decided on 4.9.2012, had observed "that 'Abadi Deh'
should not be confused with 'Gair Mumkin Abadi' or 'Abadi'. The former
expression denotes land within Lal Lakir, whereas latter expression denotes
habitation or inhabited structures. The 'Abadi Deh' of revenue estate is
situated within 'Lal Lakir' and is generally assigned a single Khasra
number, with no further demarcation of land." Furthermore in the absence
of revenue record of previous years, the petitioners have failed to explain as
to how the nature of the land in question changed from 'Banjar Kadim Thur'
to 'Gair Mumkim Abadi' during the period from 1965-66 to 2015-16. For
the aforesaid reasons, the petitioners cannot take any benefit of the fact that
in Jamabandi (Annexure P-1), the subject land was recorded as 'Gair
Mumkin Abadi'.
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