C.W.P. No.12987 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12987 of 1992 Date of Decision : 19.05.2011 Rameshwar and others …Petitioners Versus The Assistant Collector and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. J.P. Sharma, Advocate for the petitioners. Ms. Shalini Attri, D.A.G., Haryana. *** AJAY TEWARI, J. (ORAL) By this petition the petitioners have challenged the dismissal of their application filed under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (for brevity ‘the Act’) vide impugned judgment dated 30.06.1992. The case set up by the petitioners was that they were in possession of the land in dispute since the year 1950 and hence were entitled to a decree protecting them from ejectment. The Court C.W.P. No.12987 of 1992 -2- below decided the case on merits. Apart from the merits Section 4(3) (ii) of the Act is to the following effect:- “4(3). Vesting of rights in Panchayat and non-proprietors:- Nothing contained in caluse(a) of sub-section (1) and in sub- section (2) shall affect or shall be deemed ever to have affected the:- (i) existing rights, title or interests of persons, who though not entered as occupancy tenants in the revenue records are accorded a similar status by custom or otherwise, such as Dholidars, Bhondedars, Butimars, Basikhupahus, Saunjidars, Muqarrirdars; (ii) rights of persons who were in cultivating possession of shamilat deh on the date of the commencement of the Punjab Village Common Lands (Regulation) Act, 1953 or the Pepsu Village Common Lands (Regulation) Act, 1954, and were in such cultivating possession for more than twelve years on such commencement without payment of rent or by payment of charges not exceeding the land revenue and cesses payable thereon; (iii) rights of a mortgagee to whom such land is mortgaged with possession before the 26th January, 1950.” C.W.P. No.12987 of 1992 -3- Under Section 4(3)(ii) (supra) protection can be granted only to that person who are in possession of land for more than 12 years prior to the commencement of the Punjab Village Common Lands (Regulation) Act, 1953 or the Pepsu Village Common Lands (Regulation) Act, 1954 (as the case may be). Thus the averment that the petitioners have been in possession since the year 1950 would in any case even if accepted would not bring them within the ambit of the protected person under the Act. In the circumstances, this petition is dismissed. ( AJAY TEWARI ) May 19, 2011 JUDGE ashish