Law: Limitation Act (IX of 1908)

Section: 28

Rehabilitation Resettlement Scheme (Punjab) -Part I, Para. 4 read with Punjab Refugees (Registration of Land Claims) Act (V of 1949), S. 2(c) and Limitation Act (IX of 1908), S. 28-Adverse possession - No basis for a claim under Rehabilitation and Resettlement Scheme. The framers of the Rehabilitation Resettlement Scheme (Punjab) have deliberately excluded from the purview of the Scheme persons basing their claim on adverse possession of land in the prescribed territory. This exclusion would operate ,irrespective of the legal effect of such adverse possession in terms of section 28 of the Limitation Act. Irrespective of the operation of section 28 of the Limitation Act and the definition of landholder as appearing in section 2(c) of the Punjab Refugees (Registration of Land Claims) Act, 1949, the Settlement authorities are right in refusing to verify the claim in respect of land in adverse possession of the applicant stated to have been abandoned in prescribed territory in India as such a claim is expressly excluded from the purview of the Rehabilitation Resettlement Scheme by clause (e) of Paragraph 4 of Part I thereof. 6 I C 392 ; 60 I C 165 ; I L R 21 Bom. 509 and Madhavrao Waman Saundagekar and others v. Raghunath Venkatesh Deshponde and others A I R 1923 P C 205 ref. Dates of hearing : 24th and 25th February 1970.                                                                                                                             JUDGMENT The petitioners are aggrieved by the refusal of the Officer Incharge of the Central Record Room, under the Chief Settlement Commissioner, to verify their claim in respect of agricultural land abandoned by them in Mauza Saddo Mazra, Tehsil Sirhand, District Bassi Patiala State. The case set up by them before the relevant authorities was that their predecessors-in-interest had purchased this land for sum of Rs.…