GAON SABHA OF LADO SARAI Vs. JAGE RAM

JUDGEMENT

(1.) These ten Regular Second Appeals have been placed before us for decision. R.S.A. 23-D of 1966 came up for hearing before Rajindar Sachar, J. The learned single Judge thought that that appeal and appeals Nos.38-D of 1966, 261-Dof 1964 and 5-D of 1966 should be decided by a larger Bench since in his opinion the questions raised in those appeals were of public importance and were also involved in a number of cases pending in the courts below. By his referring order dated December 2, 1971, .the learned single Judge referred these appeals to a larger Bench.

(2.) Before the learned single Judge (Rajindar Sachar. J.) a number of decisions given by D. K. Kapur, J. were cited. These are (i) R. S. A. 262-D of 1964 decided on August 17, 1971, (ii) R.S.A. 284-D of 1964 decided on August 16, 1971, (iii) R.S.A. 283-D of 1964 decided on August 17, 1971 aid (iv) R.S.A. 183-D of 1962 decided on February 8,1971. In these decisions the learned single Judge D. K. Kapur, J. has taken the view that it is open to a civil court to entertain a suit where the land is alleged to be banjar or ghair murnkin.

(3.) Rajindar Sachar, J. thought that in view of the conflicting decisions it was necessary that the matter be settled by a Division Bench. This is how these appeals have been placed before us.