Mohinder Singh Vs. Gram Panchayat and ors. - Court Judgment

Excerpt:

- .....plaintiff has come up in the second appeal.3. the argument of the learned counsel for the appellant is that since the lower appellate court found that the jurisdiction of the civil court was barred, it erred in law in dismissing the suit and instead the court should have ordered the return of the plaint under order 7 rule 10 of the code of civil procedure. i find merit in this contention. since the land in dispute has been held to be shamilat deh and the jurisdiction of the civil court in regard to such lands is barred under the provisions of the punjab village common lands (regulation) act, 1961, the plaint in the present suit has to be returned to the plaintiff to be presented in any court of competent jurisdiction.4. in the result, the finding recorded by the lower appellate court that the civil court has no jurisdiction is affirmed but the decree passed by it is modified to the extent that the plaint be returned to the plaintiff.5. the appeal stands disposed of in the above terms.6. copy of this order be given dasti.

Judgment:

ORDER

N.K. Sodhi, J.

1. Plaintiff-appellant filed a suit for a declaration that the order dated 10. 10. 1983 passed by the Assistant Collector 1st Grade, Rohtak under the Punjab Village Common Lands (Regulation) Act, 1961 was illegal and that he along with others was in possession of the property in dispute. The defendants contested the suit and they claimed that the land in dispute was Shamilat Deh and that the jurisdiction of the Civil Court was barred.

2. On a consideration of the evidence led by the parties, the trial Court came to the conclusion that the jurisdiction of the Civil Court was not barred and that the impugned order dated 10. 10. 1983 was illegal, null and void. Consequently, the suit of the plaintiff was decreed. In appeal, the lower appellate Court reversed the findings and held that the land in dispute was Shamilat Deh and that the jurisdiction of the Civil Court was barred. The appeal was allowed, the judgment and decree of the trial Court set aside and suit of the plaintiff dismissed. The plaintiff has come up in the second appeal.

3. The argument of the learned counsel for the appellant is that since the lower appellate Court found that the jurisdiction of the Civil Court was barred, it erred in law in dismissing the suit and instead the Court should have ordered the return of the plaint under Order 7 Rule 10 of the Code of Civil Procedure. I find merit in this contention. Since the land in dispute has been held to be Shamilat Deh and the jurisdiction of the Civil Court in regard to such lands is barred under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961, the plaint in the present suit has to be returned to the plaintiff to be presented in any Court of competent jurisdiction.

4. In the result, the finding recorded by the lower appellate Court that the Civil Court has no jurisdiction is affirmed but the decree passed by it is modified to the extent that the plaint be returned to the plaintiff.

5. The appeal stands disposed of in the above terms.

6. Copy of this order be given dasti.