BHIKHA AND ORS. Vs. FAQIR CHAND

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the concurrent findings of fact recorded by the Courts below holding that the appellants have no locus standi to come to the Civil Court, unless question of possession of the disputed land is adjudicated upon by the Collector in terms of Section 4(1) (a) of the Punjab Village Common Lands (Regulations) Act, 1961.

(2.) THE contention on behalf of appellants firstly is that the provisions of law referred to in the impugned judgment only confer a right to adjudicate and jurisdiction to decide vests under Section 11 of the aforesaid Act. Secondly, that the Courts should have returned the plaint for presentation the proper court.

(3.) BE that as it may, it is clarified that the appellants were required to approach the Collector for adjudication under Section 4(1)(a) read with Section 11 of the said Act. In so far as, the second contention is concerned, the provision of Code of Civil Procedure i.e. Order 7 Rule 10 has no application, the Collector is a statutory authority under the aforesaid Act and not a Court Subordinate to High Court. The question of return of plaint will arise only when the plaint is to be presented before any other Civil Court of competent jurisdiction.