STATE OF PUNJAB Vs. SOHAN SINGH

JUDGEMENT

(1.) The respondents filed a suit for declaration that they were the owners in possession of the suit property as declaration of 2.79 hectares of land as surplus land, under the provisions of the Punjab Land Reforms Act, 1972 (hereinafter referred to as the Act) was illegal.

(2.) The State and the allottees of the surplus land contested the suit on the plea that the jurisdiction of the Civil Court was barred under Section 21 of the Act and also held that Gurmukh Singh plaintiff was minor on the appointed day and was not entitled to any separate permissible area. The Trial Court dismissed the suit, holding that the jurisdiction of the Civil Court was barred. It was also observed by the trial Court in para 5 of its judgment, that the date of birth of plaintiff, Gurmukh Singh was 8.2.1955 and he was not a major on the appointed day and was not entitled to a separate unit.

(3.) On appeal, the lower appellate Court, relying on a decision of the Apex Court in Firm of Illuri Subbayya Chetty and sons v. State of Andhra Pradesh, 1964 AIR(SC) 322, held that the jurisdiction of the Civil Court cannot be held to be barred. Hence, this appeal.