- (1.) Concisely, the facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, are that Gram Panchayat of Village Dhani Silawali, District Bhiwani (for brevity "the respondent-Gram Panchayat") initiated the ejectment petition against the petitioners to eject them from the land in question, belonging to it(Gram Panchayat), situated within the abadi deh of the village, before the Assistant Collector, 1st Grade (for short "the A.C., 1st Grade"), invoking the provisions of Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana(hereinafter to be referred as "the Act"). The respondent-Gram Panchayat claimed that the petitioners are in unauthorized possession of -its land.
(2.) The petitioners contested the claim of the respondent-Gram Panchayat and filed the written statement, inter alia, pleading that the land in question does not belong to the respondent-Gram Panchayat. It was claimed that as majority of the owners of the land in dispute in the village were Muslims, therefore, after partition of the country, the suit land being their evacuee property vested in the custodian department. They purchased a plot measuring 542 square yards from the custodian department and got a 'Bada' measuring 135 square yards. Thus, they are owners and are in possession of the suit land for the last about 60 years and have constructed their residential houses and boundary wall on it. They became the owners of the land, much prior to the commencement of the Act. The other allegations were denied by the petitioners and prayed for dismissal of the ejectment petition under Section 7 of the Act.
(3.) After taking into consideration the evidence brought on record by the parties, in order to substantiate their respective stands, the A.C. Ist Grade ejected the petitioners from the land in dispute by way of ejectment order dated 15.11.1990(Annexure P-1).;