- (1.) CM No. 2803.C of 2012 Application is allowed and the amended grounds of appeal are taken on record subject to all just exceptions. CM No. 2246.C of 2012 Allowed as prayed for.
(2.) RSA No. 843 of 2012 and CM No. 2248.C of 2012 Plaintiffs Raghu Nath etc. have filed this second appeal, having been non-suited by both the courts below.
(3.) Plaintiffs/appellants filed suit against Gram Panchayat and Balbir Singh defendants/respondents alleging that the suit land measuring 12 kanals 2 marlas was carved out of the holdings of original proprietors of the village including plaintiffs at the time of consolidation of holdings in the year 1952. Accordingly, the suit land belongs to the proprietors of the village. It is subject to river action of Som river. Most of the time, suit land remained under bed of the said river and is depicted as Gair Mumkin Nadi in the revenue record. Plaintiffs are owners of other 18 kanals land adjoining the suit land. Plaintiffs also started cultivating the suit land in the year 1982 after spending huge money for its improvement. Since then, the plaintiffs being co-sharers are cultivating the suit land and are in possession thereof. However, in the year 1992 on amendment of Punjab Village Common Lands (Regulation) Act, 1961 (in short, the Act), Gram Panchayat defendant no. 1 started asserting its title over the suit land on the basis of mutation sanctioned in its favour pursuant to amendment of the Act.;