DHIAN SINGH Vs. GRAM PANCHAYAT OF VILLAGE PANIAR

JUDGEMENT

(1.) - (Oral) This regular second appeal has been preferred by the appellant/plaintiff against the concurrent findings recorded by the learned Courts below, vide which the suit filed by the appellant/plaintiff for permanent injunction has been dismissed.

(2.) Learned counsel for the appellant contended that both the learned Courts below have held that the Civil Court had no jurisdiction to try the suit in view of Sec. 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act"). If that was so, the learned Courts below should not have dismissed the suit rather plaint should have been returned. She relied upon R.S.D.V.Finance Co. Pvt. Ltd. Vs. Shree Vallabh Glass Works Ltd., 1993(3) R.R.R. 425 : AIR 1993 SC 2094.

(3.) Mr. R.K. Arya, Advocate, learned counsel for the respondent-Gram Panchayat could not dispute the aforesaid legal position.