GOPAL Vs. GRAM PANCHAYAT AND OTHERS

JUDGEMENT

(1.) This is a revision petition filed by the plaintiff-appellant against the orders passed by the Courts below declining prayer for interim injunction. Admittedly, land in question has been depicted as 'Jumla Malkan/Jumla Mustarka Malkan Digar Haadaran Hasab Rakba' in the revenue record.

(2.) Plaintiff has filed suit for declaration and permanent injunction in respect of aforesaid land on the ground that defendants have no concern whatsoever with the suit land and the entries made in the revenue record are not correct. The plaintiff claims himself to be in cultivating possession of the suit land.

(3.) Both the Courts have declined interim injunction to the plaintiff keeping in view the nature of suit land. Plaintiff himself has impleaded Gram Panchayat as defendant No.1. Whether land in question is 'Shamlat Deh' or not and whether it vests in Gram Panchayat or not is required to be adjudicated. In view of Section 13 (a) of the Punjab Village Common Lands (Regulation) Act, 1961, jurisdiction of Civil Court is apparently barred. Whether this land belongs to propriety body or not is an issue of trial which can be decided by the Competent Court on the basis of evidence. Apparently, there is no lis between private persons for which the jurisdiction of Civil Court can be attracted.