RAM SINGH Vs. GRAM PANCHAYAT, KANDIA

JUDGEMENT

(1.) THE plaintiff in this appeal filed a suit for declaration to the effect that he is the owner in possession of the land in dispute. It was also claimed in this plaint that jamabandi entries reflecting the ownership of the Gram Panchayat were incorrect and were liable to be corrected.

(2.) THE suit was contested by the defendant-Gram Panchayat. It was claimed that the land in question belonged to Gram Panchayat and that the Civil Court had no jurisdiction to deal with the matter. The learned trial Court vide its judgment and decree dated 13.11.1986 decreed the suit filed by the plaintiff. The plaintiff was held to be owner in possession of the suit land. It was held that since the Assistant Collector vide an earlier judgment dated 31.3.1986 had held that the plaintiff was owner of the suit land and that the same did not vest in the Gram Panchayat, therefore, the Gram Panchayat was not shown to be the owner of the suit land. It was also held that the aforesaid judgment dated 31.3.1986 had attained finality and, therefore, could not be questioned by Gram Panchayat. It was further held by the learned trial Court that in a sense, the suit in question filed by the plaintiff was for simple purpose of getting the entries of jamabandi corrected. Accordingly, it was held that the Civil Court had the jurisdiction to deal with the matter.

(3.) PLAINTIFF has now approached this Court through regular second appeal. The present appeal was filed in the year 1987 under the provisions of Section 41 of the Punjab Courts Act, 1980. At that point of time a Full Bench of this Court in the case of Ghanpat v. Ram Devi, AIR 1978 Punjab and Haryana 137 had taken a view that in view of the aforesaid local law (Punjab Courts Act), the amended provisions of Section 100 of the Code of Civil Procedure, as amended in 1976, were not applicable to the second appeals filed in this Court. Accordingly, no substantial questions of law were framed nor the aforesaid regular second appeal was admitted on any such substantial questions of law. However, the Hon'ble Supreme Court of India in the case of Kulwant Kaur and others v. Gurdial Singh Mann (dead) by LRs and others, 2001(2) RCR(Civil) 277 (SC) : JT 2001(4) SC 158 has held that after the amendment of the Code of Civil Procedure in the year 1976, thereby amending Section 100, Section 41 of the Punjab Courts Act had become redundant and repugnant to the Central Act i.e. Code of Civil Procedure and, therefore, was to be ignored and, therefore, the second appeal shall only lie to this Court under Section 100 of the amended Code of Civil Procedure on a substantial question of law.