GRAM PANCHAYAT PALI Vs. MUNSHI SINGH AND OTHERS

JUDGEMENT

(1.) THIS order will dispose of Regular Second Appeals Nog. 459 and 460 of 1977, as the question involved is common in both the appeals.

(2.) THE Gram Panchayat Pali filed two suits on the allegations that the suit land belonged to the Plaintiff Gram Sabha and that it legally vested in it under the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to as the principal Act) Since the Defendants were in illegal possession thereof; hence the present suit. The suits were contented on the grounds that the Gram Sabha had no concern with the suit land and that Defendants were the owners thereof. The trial Court vide order dated February 15, 1975, transferred the case to the Assistant Collector, First Grade, Mohindergarh, for further proceedings in view of the Haryana Government notification No 40 leg/74 according to which, the civil Court had no jurisdiction to entertain or to adjudicate upon any question as to whether any land or other immovable property or any right or interest in such land or other immovable property vests or does not vest in the Gram Panchayat under the principal Act. Surprisingly enough, the learned Assistant Collector transferred the case to the learned Subordinate Judge vide detailed order dated July 22, 1975. According to the learned Assistant Collector, the case was not covered by Section 13B as substituted by Section 5 of the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1974. Ultimately, the trial Court dismissed the Plaintiff's suits on merits. In appeal, the judgments and decrees of the trial Court dismissing the Plaintiffs' suits were maintained. Dissatisfied with the same, they have come up in second appeals to this Court.

(3.) IN this view of the matter, both the appeals succeed and are allowed. The judgments and decrees of the Courts below are set aside and the plaints are ordered to be returned to the Plaintiffs to enable them to seek their remedies in accordance with law. There will be no order as to costs.