RAM RAKHA SINGH Vs. PRITAM SINGH AND OTHERS

JUDGEMENT

(1.) The plaintiff-respondents filed a suit relating to the land of Shamilat-deh against the defendant-appellant Ram Rakha Singh. They alleged that the defendant has encroached upon the said Shamilat- deh which he had no right to do. Relief of mandatory injunction was, therefore, claimed against the defendant asking him to remove the encroachment from the Shamilat-deh. This suit was decreed by the trial Sub Judge by a judgment dated 24th of February, 1973. The appeal filed by the defendant- appellant was dismissed by the District Judge, Hoshiarpur, on 4th of August, 1976. This second appeal of the defendant is directed against the judgment and decree of the lower appellate Court.

(2.) It has transpired that during the pendency of this litigation the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) was amended by the Punjab Act No. 19 of 1976. Section 13, reproduced as under, was introduced in the Act by way of amendment :-

(3.) In the present case the palintiffs have alleged that the land in dispute is shamilar-deh. The defendant-appellant has contorverted this assertion and thus a question has arisen for adjudication whether the disputed property is or is not shamilat-deh. In view of the Division Bench judgment in the case of Sarwan Singh this question cannot be decided by Civil Court.