RAM KUMAR Vs. GRAM PANCHAYAT, PALRA

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby the suit for declaration that the suit property is owned by the plaintiff exclusively, was dismissed holding that the Civil Court has no jurisdiction to grant such a declaration.

(2.) IT was found that the plaintiff has claimed title over the suit property by virtue of a Writing dated 8.3.1951, whereas as per the defendants, the land in dispute vests in Gram Panchayat as part of Gali Sar-e-am. It was, thus, held whether the land is Gali Sar-e-am or not is the question which is required to be adjudicated upon by the Collector in terms of Section 13-A of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as the Act).

(3.) THEREFORE , once the plea is taken by the Gram Panchayat that the land is Gali Sar-e-am and is shamlat deh within the meaning of Section 2(g) of the Act, the question is to be decided by the Collector under Section 13-A of the Act and not by the Civil Court.