JAI PAL AND OTHERS Vs. GRAM PANCHAYAT KHUKAUM

JUDGEMENT

(1.) Plaintiff-petitioners filed a suit for declaration and also moved an application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure for issuance of ad-interim injunction restraining the defendant-Gram Panchayat from interfering in their possession. The authorities under the Punjab Village Common Lands (Regulations) Act, 1961 (for short 'the Act') in a petition filed by the Gram Panchayat under Sec. 7 of the Act came to the conclusion that possession of the plaintiffs was unauthorised, and consequently ordered their ejectment. Orders of ejectment passed by the authorities under the Act have been challenged in the suit on various grounds. Trial court by order dated 18.9.1995 declined the injunction primarily on the ground that civil court has no jurisdiction to try the suit, after noticing that from the pleadings of the parties an issue reading as under has already been framed :

(2.) Appeal taken against the order of the trial court was dismissed by the District Judge vide order dated 23.3.1996 who also in his elaborate judgement primarily concluded that the civil court had no jurisdiction to try the suit and in that situation declined to grant the relief. Aggrieved thereby, the plaintiffs have filed the present revision.

(3.) In response to notice defendant-respondent has put in appearance.