ASHRAF KHAN Vs. ISHAQ AND OTHERS

JUDGEMENT

(1.) The appellant challenges judgments and decrees dated 14.08.1986 and 04.06.1988 passed by the Senior Sub Judge, Gurgaon and the Additional District Judge, Gurgaon, respectively, dismissing his suit as well as his appeal.

(2.) Counsel for the appellant submits that the land in dispute is abadi deh. The abadi deh of a village is specifically excluded from the shamilat deh of a village, by Section 2(g)(i) of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana) (hereinafter referred to as "1961 Act"). The Courts below have, however, invoked Section 2(g)(4a) of the 1961 Act, to hold that the land vests in the Gram Panchayat, unaware of the fact that Section 2(g)(4a) was deleted by Act No.2 of 1981 and only inserted by Act No.15 of 1983, thereby negating the allotments Ex.D1 to D5, dated 22.04.1982, made to the respondents when there was no provision in the 1961 Act, conferring title on the Gram Panchayat with respect to vacant land situated within the abadi deh of the village.

(3.) Counsel for the appellant also submits that finding recorded by the Courts below that Section 13 of the 1961 Act prohibits a suit for permanent injunction, is incorrect as all that Section 13 prohibits are suits for declaration of title that the land is or is not shamilat deh. The 1961 Act does not prohibit the filing of a suit for an injunction.