HIRA LAL Vs. GRAM PANCHAYAT OF VILLAGE DUNDAHERA

JUDGEMENT

(1.) The plaintiffs have filed this appeal against the judgment and decree of the lower Appellate Court by which their suit for declaration was dismissed. The brief facts of the case are that the plaintiffs filed a suit for declaration that being the occupancy tenants, they have become owners of the suit land in terms of the provisions of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (for short "the Act") and have prayed that the entry in the revenue records showing the respondent to be owner in possession is illegal and not binding on their rights.

(2.) The suit was contested by the defendant, inter alia, on the ground that the Civil Court had no jurisdiction to try and adjudicate the suit in view of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short "1961 Act") as the Civil Court had no jurisdiction in view of 77(3)(d) of the Punjab Tenancy Act, 1887 (for short "Tenancy Act").

(3.) On the pleadings of the parties, issues were framed and both the parties led their respective evidence.