GRAM PANCHAYAT OF VILLAGE KHARAK GAGGAR Vs. JUGTI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of Senior Sub judge (with enhanced appellate power) Jind, dated August 22, 1978. The appeal filed by the Gram Panchayat was dismissed. Earlier the trial Court on March 9,1976 had decreed the suit filed by Jugti for declaration that he had become owner of 19 Kanals 7 Marlas by adverse possession for a period of 12 years after coming into force of Haryana Village Common Lands (Regulation) Act. The suit was contested by the Gram Panchayat, inter alia, alleging that civil Court had no jurisdiction to try the suit. The land in dispute had vested in the Gram Panchayat as shamlat deh. On the pleadings of the parties the following issues were framed :

(2.) The decision of the Courts below on the question of jurisdiction of the civil Court to try the suit is erroneous. Section 13 of the Punjab Village Common Lands (Regulation) Act, as amended by Haryana Act of 1981 with effect from May 4, 1961, reads as under :

(3.) Section 13-C as introduced by Haryana Act, 1981, reads as under