UJAGAR SINGH Vs. GRAM PANCHAYAT OF VILLAGE MAJHI

JUDGEMENT

(1.) PETITIONERS have filed this revision assailing the appellate Court's order dated 13. 11. 1995 whereby petitioners' appeal filed against the trial Court's order dated 2. 8. 1995 was dismissed.

(2.) BRIEF facts of the case are that the petitioners in their plaint averred that they are khewatdars of village Majhi and are owners in possession of the disputed land shown as 'mustarka Malkan Basti Road Khewat' Gram Panchayat-respondent has no right, title or interest in the property and has no right to manage and control the suit land. Gram Panchayat is owing other land, which is under its control, but is wants to lease out the disputed property without any right. Plaintiff-petitioners requested the defendants-Gram Panchayat not to lease out their property, but it refused. Hence, they filed the suit for declaration as well as permanent injunction and also filed the petition under Order 39 Rule 1 and 2, Civil Procedure Code. They prayed that the Gram Panchayat be restrained from interfering in their peaceful possession of their Mustarka Malkan land, which is jointly owned by them as proprietors of the village.

(3.) PLAINTIFFS placed on record jamabandi and khasra girdawari for the year 1987-88. After hearing both the parties, perusing their pleadings and the material placed on record, the lower Court came to the conclusion that in this case since the Gram panchayat has taken a specific plea that the disputed property vests in Gram Panchayat and has also alleged that some of the right holders have also filed separate claim petition before the revenue officer that the property vests in Gram Panchayat, a declaration sought by the plaintiffs cannot be decided without deciding the issues whether the land in question is or is not Shamilat deh; whether the Gram panchayat has any right to auction the same or not. The lower Court arrived at the conclusion that such a suit is barred under Section 13 of the Punjab Village Lands (Regulation) Act, 1961 as such, a claim can be decided by the Collector under Section 11 of the said Act. Relying on Ram Singh and Ors. v. Gram Panchayat Mehal Kalan and Ors. , 1986 P. L. J. 636, and Chander Parkash and Ors. v. Gram panchayat Ranwar and Anr. , 1989 (1) All India Land Laws reporters, 239, the lower Court held that prima facie it is established that this Court has no jurisdiction to try the present case. Hence, the injunction petition was dismissed and ad interim injunction granted earlier was vacated. The appellate Court vide its. impugned judgment has affirmed these findings.