BHIM SINGH Vs. GRAM PANCHAYAT OF VILLAGE KHARKHERI

JUDGEMENT

(1.) Bhim Singh and others, plaintiffs, filed a suit for injunction restraining the defendant for interfering in their possession over the plot comprised in Killa No. 25 min of Rectangle No. 11 situate in village Kharkheri, Tehsil and District Gurgaon. The suit was contested by the Gram Panchayat on the allegation that the property in dispute vested in the Gram Panchayat and the Civil Court had no jurisdiction to try the suit. The trial Court, on consideration of the entire matter, held that the suit land did vet in the Gram Panchayat. However, on the question of jurisdiction, the trial Court recorded a finding that as the plaintiffs did not admit that the suit land was shamlat deh, therefore, the question being of title, the Civil Court had jurisdiction to try the suit. As the plaintiffs were not found to be the owner of the property in dispute, the suit was dismissed by the trial Court on 17th April, 1973.

(2.) Feeling aggrieved from the judgment and decree of the trial Court, the plaintiffs preferred an appeal which was dismissed by the learned Additional District Judge, Gurgaon, on 26th September 1973. Still dissatisfied the present regular second appeal has been filed by the plaintiffs.

(3.) The appeal came up for final hearing before me on 17th February, 1983. The only contention that was raised by Mr. N. C. Jain, senior Advocate, learned counsel for the appellant, was that Civil Court had no jurisdiction to adjudicate upon the question whether the suit land is shamlat deh and had vested in the Gram Panchayat or not. In this situation, according to the learned counsel, the judgments and decrees of the Courts below had to be set aside and the plaint had to be returned to the plaintiffs for presenting the same before the Assistant Collector, 1st Grade, under section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961(hereinafter referred to as the Act). As the decision of the aforesaid contention depended upon the interpretation of a Division Bench judgment of this Court in Bajinder Singh v. Assistant Collector 1st Grade, Guhla, 1983, Pun LJ 116, I decided to refer the matter for decision to a larger Bench. That is how we are seized of the matter.