RAJIVE BHALLA, J. - (1.) BY way of this Letters Patent Appeal, the appellant impugns the judgment of the learned Single Judge, dated 12.2.2007.
(2.) THE facts that have led to the filing of the present appeal may be noticed in brief. The respondent-Gram Panchayat of village Khawaspur filed an application, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short herein after referred to as "the Act"), alleging that the appellant was in an unauthorised occupation of the land in dispute and should, therefore, be ejected therefrom. In opposition to the said application, the appellant contended that the property in dispute vested in the Custodian/Punjab Government and the entries to the contrary in the jamabandi were wrong and not binding. It was further asserted that the appellant was in possession since Rabi 1976 and had been paying rent to the Tehsildar Sales. He had constructed a pucca Kotha, room etc and, therefore, could not be evicted.
(3.) AFTER recording of evidence, the District Development and Panchayat Officer-cum-Collector held that though the jamabandi for the year 1977-78 reflects the name of the Panchayat in the ownership column, but as the jamabandi for the year 1960-61, described the land as Shamlat Patti Khawaspur, Hasab Rasad Khewat, the land was evacuee property and did not vest in the Gram Panchayat. It was also held that merely because ownership had been altered to the name of the Panchayat, the said land did not vest in the Gram Panchayat. The learned Collector specifically made a pointed reference to the fact that the question whether shamlat land, left behind by Muslims, vests in the Gram Panchayat or the Rehabilitation Department, was pending adjudication before the Hon'ble Supreme Court.;