LAL SINGH Vs. GRAM SABHA NEJA DALLA KALAN

JUDGEMENT

(1.) This appeal has been filed by Lal Singh and Banta Singh, defendants, against the judgment and decree of Senior Sub-Judge, Hissar, dated November 24, 1975, by which he transferred the appeal to the Court of Assistant Collector Ist Grade under Section 13-B of the Punjab Village Common Lands (Regulation) Act, 1961 , as amended by the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1974 (hereinafter called the Act).

(2.) Briefly, the case of the plaintiff was that the land in dispute belonged to the co-sharers of the village and it was given to the Muslims for the purpose of burying their dead. It is alleged that after migration of the Muslims to Pakistan the inhabitants of the village took possession of the land in dispute. Subsequently, it is averred, the Punjab Wakf Board, defendant No. 4, illegally gave the property on lease to Lal Singh, defendant No. 3. It is further pleaded that Lal Singh, defendant No. 3, alongwith Banta Singh and Bansi Ram was cutting Kikar trees of which he had no right. The plaintiff instituted a suit praying that perpetual injunction be issued against the aforesaid defendants restraining them from cutting or removing the trees existing on the land in dispute. The suit was contested by Banta Singh, Lal Singh and Bansi Ram, defendants. They inter alia pleaded that the property did not vest in the plaintiff but vested in the Wakf Board.

(3.) The trial Court held that the property did not vest in the plaintiff but vested in the Wakf Board. It consequently dismissed the suit. The plaintiff went up in appeal before the Senior Sub-Judge, Hissar, who held that the Civil Court had no jurisdiction to try the suit and that it was liable to be transferred to the Assistant Collector Ist Grade under Section 13-B of the Act. He consequently accepted the appeal, set aside the judgment and decree of the trial Court on the ground that it was without jurisdiction and ordered that the proceedings be transferred to the Assistant Collector Ist Grade having jurisdiction over the village Neza Dallan Kalan in terms of Section 13-B of the Act.