SAHAJ RAM Vs. CHHAJU RAM AND OTHERS

JUDGEMENT

(1.) The controversy in revision here is founded upon the bar to the jurisdiction of the Civil Court as provided by the provisions of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana (hereinafter referred to as 'the Act').

(2.) The relevant facts here are that Sahaj Ram, defendant, had encroached upon a part of a public thoroughfare by constructing his house thereon. This encroachment was held to be illegal by the order of the Assistant Collector of April 26, 1979 passed in proceedings under Section 7 of the Act. Keeping in view, however, that the defendant had constructed his house on the land encroached upon, the Assistant Collector ordered that Rs. 500/- be paid as compensation to the Gram Panchayat. This amount was duly paid by the defendant within the stipulated period and thereafter, on July 31, 1980, mutation in respect of this land was also sanctioned in favour of the defendant. It was the case of the plaintiffs that this order of the Assistant Collector was illegal and they consequently prayed that the defendant be directed to remove the encroachment.

(3.) The provisions of Section 13 of the Act are as reproduced hereunder :-