BARU RAM Vs. GRAM PANCHAYAT VILLAGE DALLEWAL

JUDGEMENT

(1.) By this common order, I intend to dispose of two appeals i.e. RSA No. 505 of 1990 titled 'Baru Ram (deceased) Through LR vs. Gram Panchayat Village Dallewal and others and RSA No. 1566 of 1996 titled 'Gram Panchayat Village Dallewal vs. Gardhara Singh (deceased) through LRs.

(2.) The present two appeals involve the common question as to if the Civil Court has the jurisdiction to adjudicate the fact that Civil Court deciding a previous suit between the parties had jurisdiction or not to decide suit in views of fact that in previous suit the question of jurisdiction of civil court has already been decided. FACTUAL BACKGROUND

(3.) On 5/5/1977, the Gram Panchayat, Dallewal auctioned standing Khair trees on Shamlat land and the sale was made in favour of Baru Ram- defendant No. 1 of civil suit filed by the Gram Panchayat. The sale was annulled by the Collector, Hoshiarpur and he refused to sanction the auction vide order dtd. 1/3/1978. Afterwards, the Gram Panchayat re-auctioned the trees on 15/4/1982 in favour of Jagat Ram son of Dhani Ram. Baru Ram filed civil suit assailing that auction and claiming himself to be owner of Khair trees on the basis of auction dtd. 5/5/1977. The suit was decreed vide judgment and decree dtd. 7/9/1984. The Gram Panchayat has not filed any appeal. So the findings recorded by the Civil Court attained finality and defendant Baru Ram was declared owner in possession of Khair trees auctioned on 5/5/1977 in his favour and that judgment and decree passed by the learned Additional Senior Sub Judge, Hoshiarpur was assailed by Gram Panchayat by filing separate suit claiming that Civil Court has no jurisdiction to try and dispose of the earlier civil suit. The judgment and decree passed by the Additional Senior Sub Judge, Hoshiarpur was upheld and vide judgment and decree dtd. 1/9/1988 by Senior Sub Judge, Hoshiarpur, declared that Civil Court has jurisdiction to try and decide the previous suit and suit filed by the Gram Panchayat was dismissed. Aggrieved by the judgment and decreed so passed Gram Panchayat preferred appeal before District Judge, Hoshiaprur. The learned Additional District Judge, Hoshiapur allowed that appeal vide judgment and decree dtd. 16/9/1989. That judgment and decree passed by the First Appellate Court has been assailed on the grounds that the it has committed a mistake while allowing the appeal and by setting aside the judgment and decree passed by the Court below.