GRAM SABHA BALAD KALANAND Vs. SARWAN SINGH

JUDGEMENT

(1.) This second appeal was admitted to Division Bench to settle the question as to whether the provisions of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act) are retrospective in nature so as to affect the jurisdiction of civil court to continue with the suits instituted prior to its enactment.

(2.) The suit giving rise to this appeal was filed in the year 1974 by the Respondents against the Gram Sabha for a declaration that the land in dispute measuring 68 bighas, 17 biswas was owned and possessed by them and that the said land was not covered by the definition of Shamilat Deh as defined in the Act and therefore, did not vest in the Panchayat.

(3.) The suit was contested by the Panchayat and all the material allegations made in the plaint were controverted. It was further averred that the civil court had no jurisdiction to try the suit.