SAMADHI DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of C.W.P. Nos. 4043 of 1985, 4425 of 1985, 580 of 1987 and 3384 of 1987, as common questions of law and facts are involved therein. The facts, which are almost identical, have been extracted from C.W.P. No. 4043 of 1985.

(2.) THE dispute, in the present writ petition, is whether judgments and decrees of civil Courts, passed before the coming into force of the Punjab Village Common Lands (Regulation) Amending Act, 1976 (hereinafter referred to as "the Amending Act, 1976"), are binding upon the Gram Panchayat and if so to what extent.

(3.) SECTION 7 of the amending Act, 1976 incorporated Section 13 in 1961 Act, pursuant whereto the jurisdiction of Civil Courts to adjudicate disputes regarding right, title or interest in shamlat deh was barred. Section 8 of the amending Act, 1976 inserted Section 13-B in 1961 Act. Section 13-B postulates that the provisions of 1961 Act, shall have effect notwithstanding any thing to the contrary in any law, or any agreement, instrument, custom or usage or any decree or order of any Court or other authority.