SWARAN SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) After hearing learned counsel for the parties, I am of the view that learned lower Appellate Court has erred in allowing the appeal on a short question that the Civil Court does not have the jurisdiction to entertain and try the suit. Reference has been made to Section 13 of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as the Act) and the reliance has been placed upon a Full Bench judgment of this Court rendered in Subedar Munshi Ram and Anr. v. State of Haryana and Ors. (1979)81 PLR 754 whereby Section 13 has been interpreted by their Lordships.

(2.) The plaintiff-appellant has claimed limited relief by way of filing a suit for permanent injunction to the effect that the defendants should not encroach upon any portion of Shamlat Abadi Deh lying in between the plot which has been spelt out in the plaint, which has been appended with the plaint and which has been exhibited as Ex.P1. It is obvious that the right in personam has been claimed vis a vis usage of the passage air and light etc. and that no intrinsic right has been claimed vis a vis the property which is required to be maintained by the Gram Panchayat as per the provisions of the Act.

(3.) I am of the opinion that the lower Appellate Court has fallen into error while allowing the appeal and relegating the parties to the jurisdiction of the competent authority as spelt out under Section 13 of the Act. Since no relief has been claimed which can be said to have fallen within the ambit of Section 13 of the Act as such the appeal deserves to be allowed with a categoric finding that the Civil Court has the jurisdiction to entertain and try the suit for determining the right which has been claimed in the suit. The lower Appellate Court has not interpreted the dicta of this Court rendered in the aforestated case in re: Munshi Ram's case (supra) correctly.