GRAM PANCHAYAT OF VILLAGE JARAUT Vs. KRISHAN LAL

JUDGEMENT

(1.) The petitioner- Gram Panchayat of village Jaraut, Tehsil Dera Bassi, District SAS Nagar, Mohali, assails the correctness of the judgment and decree passed by the Additional District and Sessions Judge, Mohali.

(2.) Some facts are required to be noticed. The plaintiffs (respondents herein) filed a suit for grant of decree of permanent injunction, restraining the Gram Panchayat and its representatives from interfering in the possession of the plaintiffs from the suit land situated in the abadi of the village Jaraut, bearing khasra no.594. The Gram Panchayat defended the suit with the assertion that, previously, a suit filed by the brother of plaintiff no.1 and the father of plaintiff no.3 regarding the same property was dismissed by the civil court on 3/10/2000, while returning a finding that the disputed property actually falls in khasra no.595. Learned trial court also noticed that there are various orders passed against the plaintiffs and their family members under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to as 'the 1961 Act' ) ordering their eviction from the land comprised in both khasra no.594 and 595. The trial court further held that in view of Sec. 13 of the 1961 Act, the jurisdiction of the civil court is barred.

(3.) However, the learned First Appellate Court has reversed the judgment and decree passed by the trial court, even after noticing that there is a collective order passed by the Collector pertaining to land comprised in khasra no.594 and 595.