GRAM PANCHAYAT Vs. PIARA LAL & ANOTHER

JUDGEMENT

(1.) Defendant no.1-Gram Panchayat has filed this revision petition under Article 227 of the Constitution of India assailing order dated 22.07.2011 Annexure P-1 passed by the trial Court thereby dismissing application Annexure P-4 filed by defendant no.1 under Order 7 Rule 11 of the Code of Civil Procedure (in short, CPC) for rejection of plaint Annexure P-2 filed by respondent no.1-plaintiff against defendant no.1-petitioner Gram Panchayat and respondent no.2/defendant no.2 Block Development and Panchyat Officer seeking declaration that plaintiff is sole and absolute owner in possession of the suit land situated in Village Kishangarh (Union Territory, Chandigarh) and also seeking permanent injunction restraining the defendants from interfering in possession and enjoyment of the plaintiff over the suit land. Challenge is also to order dated 30.08.2011 Annexure P-9 thereby dismissing application Annexure P-8 for review of order Annexure P-1.

(2.) Defendant no.1 moved application Annexure P-4 alleging that the suit land falls within the definition of 'Shamlat Deh' as defined in the Punjab Village Common Lands (Regulation), 1961 (in short, the 'Act') and therefore, jurisdiction of civil Court to try the suit is barred by Section 13 of the Act.

(3.) Plaintiff by filing reply Annexure P-6 opposed the application and pleaded that the suit land never vested in defendant no.1-Gram Panchayat.