- (1.) The sole question that arises for adjudication is whether the land in dispute admittedly described as "shamilat patti", is excluded from "shamilat deh" by virtue of Section 2(g)(3) and (v) of the Punjab Village Common Lands (Regulation) Act, 1961.
(2.) A prima facie, perusal of the revenue record reveals that the land in dispute as "shamilat patti" and its nature is Banjar Kadim/Barani. Land owned by "shamilat patti" vests in a Gram Panchayat, if it is used according to the revenue record for the benefit of the village community or a part thereof or for common purposes of the village.
(3.) A perusal of the impugned orders reveals that though the petitioners asserted, that the land is excluded from "shamilat deh" as it is not used for common purpose, the courts below have not recorded any finding on this plea.;