UJAGAR SINGH (DEAD) Vs. PUNJAB STATE

JUDGEMENT

(1.) The present appeal assails the correctness of the judgment and order dtd. 9/3/2010 passed by the High Court of Punjab & Haryana at Chandigarh in R.S.A No. 250 of 1983, whereby the High Court set aside the judgment and decree dtd. 25/9/1982 of the Additional District Judge, Hoshiarpur. The High Court held that the Civil Court's jurisdiction was barred under Sec. 21 of the Punjab Land Reforms Act, 1972(In short, the "Land Reforms Act").

(2.) The background of this case is as follows:

(3.) The respondents, dissatisfied with the First Appellate Court's judgment, filed a Regular Second Appeal before the High Court of Punjab & Haryana. The High Court, vide its order dtd. 9/3/2010, set aside the judgment and decree of the Additional District Judge, holding that the Civil Court's jurisdiction was barred under Sec. 21 of the Land Reforms Act. The High Court emphasized that the appellants had not challenged the order declaring the land surplus before the appropriate authorities under the Act, and thus, the suit was not maintainable. The same has been challenged giving rise to the present appeal.