CHIRANJI LAL Vs. GRAM PANCHAYAT OF VILLAGE KOJINDA

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs' regular second appeal.

(2.) PLAINTIFFS filed a suit for declaration to the effect that they are owners in possession of the land as detailed in the head note of the plaint and are entitled to get their names duly recorded in the revenue record. In the pleadings it was stated that the land in possession of the plaintiffs is not covered by the definition of 'shamlat deh'. In fact, earlier suit filed by the plaintiffs seeking exclusion of the land from the purview of shamlat deh was, decreed by the Assistant Collector 1st Grade vide judgment and decree dated 22. 7. 1985 has become final between the parties.

(3.) ON the pleadings of the parties, issues with regard to the ownership of the property, its possession as well as maintainability of the suit in view of bar of Section 13 of the Punjab Village Common Land Act were framed. The suit was dismissed by the trial Court and the appeal too met the same fate as learned District Judge was also of the view that Section 13 of the Act is bar to the filing of the civil suit.