KHUSHMINDER SINGH Vs. HARBHAJAN KAUR

JUDGEMENT

(1.) THE present revision petition has been filed against the orders passed by the learned Courts below vide which the application moved under Order 39 Rules 1 & 2 read with Section 151 C.P.C. has been ordered to be dismissed.

(2.) THE plaintiff-respondents have filed a suit in representative capacity for restraining the defendants from raising any construction over the property in dispute on the plea that it is joint property being used for common purpose.

(3.) THE learned counsel for the petitioner contends that the plaintiff respondent had no prima facie case as their petition under Section 11 of the Punjab Village Common Lands Act has already been dismissed. The learned Courts below have been taken note of the said order in which the Collector refused to interfere in the matter by holding that the land is in the ownership of Jumla Malkan and, therefore, the Collector has no jurisdiction to adjudicate the title over the property. The learned counsel for the petitioner thereafter argued that the order passed by the learned Courts below cannot be sustained in view of the judgment of the Hon'ble Supreme Court in the case of Kishore Kumar Khaitan and another v. Praveen Kumar Singh, 2006(1) RCR(Civil) 735 : 2006(2) SLJ 1242 (SC). The Hon'ble Supreme Court has been pleased to lay down as under :-