MEHAR SINGH Vs. SARDARA SINGH

JUDGEMENT

(1.) The is plaintiff's second appeal whose suit for the grant of the permanent injunction has been dismissed by both the Courts below.

(2.) The plaintiff Gram Panchayat along with others filed the suit for the grant of the mandatory injunction restraining the defendants from cultivating any portion of the suit land claiming the same to be the shamilat deh under the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as the Act) and, thus, cresting in the Gram Panchayat. The suit was contested inter alia on the ground that the plaintiffs into force of 1952 Act, if a tenant who want to claim ownership on the basis any resolution authorising the filing of the suit. It was also pleaded that the suit land was owned by patti Kapurey and that the plaintiffs did not belong to that patti. The defendants being the owners of patti Kapurey had got every right to use the land in any manner they liked. Both the Courts below negatived the plea of the plaintiffs and, thus dismissed the suit. Dissatisfied with the same, the plaintiffs have filed this second appeal in this Court.

(3.) Admittedly, the plaintiffs claimed the suit land to be the shamilat deh. That being so, the jurisdiction of the civil Court was barred under section 13 of the Act, which inter alia provides that no civil Court shall have jurisdiction to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not shamilat deh vested or deemed to have been vested in a Panchayat under the Act. In view of the same, no meaningful arguments could be raised on behalf of the appellants.