BASHESHAR NATH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THIS revision petition is against the order of the Additional District Judge whereby a direction has been given to the Court below to fix a date for appearance of the parties before a competent Court.

(2.) BRIEFLY put, plaintiff filed a suit for permanent injunction restraining the defendant Gram Panchayat from forcibly evicting him or otherwise interfering in his peaceful possession. According to the plaintiff, he is in possession of the house marked ABCD in the site plan attached with the plaint and as the same falls within abadi deh, it does not come within the definition of shamilat deh in terms of Section 2 (g) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') and so the controversy can be adjudicated by the civil Court alone. The defendant in its written statement, however, averred that the suit property vests in the Gram Panchayat. However, it was stated that residential house marked CDEF is in possession of the plaintiff but the portion marked ABEF is an open space which is exclusively owned and possessed by the Gram Panchayat.

(3.) CHALLENGING the order passed by the Additional District Judge, counsel for the petitioners at the outset has termed it to be wholly illegal and unsustainable on the short ground that even as per admitted case of the parties a substantial portion of the suit property is a house in possession of the plaintiff which does not come within the purview of shamilat deh. So even if there is some dispute with regard to the area of the house, in the context of the present case, can be decided by a civil Court alone. Otherwise too, with the repeal of Sections 13-A and 13 B of the Act vide Act No. 9 of 1992 even such a question cannot be determined under the provisions of the Act and as regards the amended provisions of Section 7 of the Act an aggrieved person like the petitioner cannot seek the relief desired.