- (1.) Bhikham Chand and others were proceeded against by Gram Panchayat of Chuharpur, Block Dinanagar, Tehsil and District Gurdaspur before the Collector, Gurdaspur. The panchayat had sought eviction of Bhikhem Chand and others pleading that they were in unauthorized and illegal possession of 40 kanals 6 marlas land in the village and had sought their eviction under Sections 4 and 5 of the Punjab Public Premises and Land (Rent Recovery and Eviction) Act, 1973.
(2.) The Collector heard the parties and came to the conclusion that the suit land belonged to the panchayat who had control and management thereof. The income derived from the land was also spent on the development of the village.
(3.) The defence of the petitioners was that the land was mustarkan malkan and did not fall in panchayat's jurisdiction. They pleaded that the land belong to the proprietors of the village and they were in possession of the land as share holders.;