JOGINDER SINGH Vs. MUNICIPALITY BARETA

JUDGEMENT

(1.) THE petitioners had filed a Civil Suit for declaration and permanent injunction that they were the owners in possession of the suit property. They also sought injunction for restraining the respondents from interfering in their peaceful possession and from leasing out the land to any body else and also challenged the mutation of the respondent in favour of the respondent-Municipal Committee. The said suit was contested by the respondents. One of the grounds taken was that the suit land was shamlat land. It was used for the common purpose of the village, therefore, the jurisdiction of the Civil Court was barred by law.

(2.) ISSUE was framed regarding the jurisdiction of the Civil Court. The learned trial Court came to the conclusion that in view of the provisions of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, the jurisdiction of the Civil Court was barred. Accordingly, the plaint was ordered to be returned by the learned trial Court vide order dated 9.6.1987. The petitioners filed the appeal. The learned lower Appellate Court upheld the findings recorded by the learned trial Court and dismissed the appeal vide judgment dated 4.6.1988. Hence the present petition.

(3.) ON the other hand, the submission of the learned counsel for the respondents was that the petitioners have filed a suit for declaration claiming ownership of the suit land and therefore, it was within the domain of the revenue authorities to determine whether the suit land is shamlat land or not and whether it was vested in the respondent-Gram Panchayat or not. The Gram Panchayat has been converted into Municipal Committee. Reliance was placed on the judgment of the Hon'ble Supreme Court reported as Punjab Wakf Board v. Gram Panchayat @ Gram Sabha, 2000(1) RCR(Civil) 283 (SC) : 2000(3) PLR 477. It was a case where the Punjab Wakf Board had filed a suit in the Civil Court for declaration that the said Wakf Board was owner in possession of the property as per the jamabandi for the year 1987-88 with all its rights appurtenant as reflected in para 5 of the judgment. The Hon'ble Supreme Court was pleased to observe as under :-