SHISH PAL SINGH Vs. RAFIQ AHMAD

JUDGEMENT

(1.) Plaintiffs (petitioners herein) filed a suit for permanent injunction restraining the defendants from dispossessing the plaintiffs forcibly, and from changing the nature of the suit land. As per admitted case of the parties, the suit land is being used as Gair Mumkin Charand i.e. for the purpose of grazing the cattle.

(2.) Along with the aforesaid suit, the plaintiffs filed an application for the grant of ad-interim injunction which was allowed by the trial Court. On an appeal filed by the defendants, the first appellate Court set aside the order of the trial Court granting ad-interim injunction to the plaintiffs. The first appellate Court after taking into consideration the revenue record, was prima facie of the view that the land in dispute is Shamlat-deh, and was being used by the inhabitants of the village for the purpose of grazing the cattles; therefore, under Section 13 of the Punjab Village Common Lands (Regulation) Act' 1961, (for short 'the Act'), the Civil Court has no jurisdiction to entertain the suit. This order is being challenged by the plaintiffs by way of present revision petition.

(3.) Learned counsel for the petitioners contends that the suit land is in possession of Maqbuja Malkan as per entries in the respective columns of Jamabandi for the year 1983-84, and therefore, it does not vest in the Gram Panchayat. In support of his arguments, he has placed reliance upon a Full Bench judgment of this Court in Kala Singh v. Commissioner, Hissar Division and others, 1984 PunLJ 169and a judgment of this Court in Chajju Ram v. Joint Director, Panchayats, Punjab and others, 1986 RajdhaniLR 259.