Hemant Gupta, J. - (1.) Exemption is allowed as prayed for.
(2.) APPLICATION is allowed. Delay of 143 days in filing the appeal is condoned, subject to all just exceptions. CM No. 4186 of 2011 Application is allowed. Delay of 133 days in refiling the appeal is condoned. LPA No. 1532 of 2011 Present appeal under Clause X of the Letters Patent arises out of an order passed by learned Single Judge of this Court on 6.7.2010, whereby a writ petition claiming a writ of certiorari for setting aside the orders dated 4.6.2002, LPA No. 1532 of 2011 14.1.2003 and 2.12.2004 passed by the Assistant Collector, Ist Grade, Ferozepur Jhirka, the Collector Gurgaon and the Commissioner, Gurgaon, Division Gurgaon were dismissed. Learned Single Judge has returned a finding on the basis of the orders passed by the authorities under the Punjab Village Common Lands (Regulations) Act, 1961 (for short the 'Act') that the land, in dispute, is a Banjar Qadim land and thus, it could not be in cultivating possession of the appellant before 26.1.1950 so as to confer the right of ownership in terms of Proviso (iii) of Section 2(g) of the Act.
(3.) APPELLANT claims to be in possession of Khasra No. 2064,3122 and 3219. Appellant relies upon the jamabandi for the year 1946 -47 to contend that Khasra No. 3219, measuring 2 bighas 7 biswas is a Bhud land and not a Banjar Qadim and therefore, the finding recorded by the authorities and affirmed by learned Single Judge are not correct.;