SARDARA Vs. GRAM SABHA OF VILLAGE KHURDI

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for declaration had been dismissed by both the Courts below. The plaintiff filed a suit for declaration to the effect that she transaction of exchange made by the Gram Panchayat, defendant, in favour of Ram Dia, defendant No. 2, in respect of land comprised in Khasra Nos. 5/12 and 5/15 measuring 2 Kanals was null and void, illegal and in contravention of section 5 of the Punjab Village Common Lands (Regulation) Act (for short the Act). According to the plaintiff, the land in dispute was charand and had vested in the Gram Sabha under the Act. The exchange made by the Gram Panchayat was in flagrant violation of mandatory provisions of law. In the written statement the Gram Panchayat controverted the said pleas and pleaded that the exchange had been brought about for the benefit of the inhabitants of the village with the prior sanction of the State Government as required by law. It was also pleaded that the civil Court had no jurisdiction in the matter. The trial Court came to the conclusion that the plaintiff had no locus standi to file the suit and that he had failed to establish any injury much less special injury having been caused to him by the transaction of exchange. It was further held that civil Court had no jurisdiction to try the suit in view of the provisions of section 13 of the Act. Consequently, the suit was dismissed.

(2.) In appeal the learned Additional District Judge upheld the finding of the trial Court that civil Court had no jurisdiction to try the suit as it was barred by section 13 of the Act. Dissatisfied with the same, the plaintiff has filed this second appeal.

(3.) Admittedly, the site in dispute belongs to the Gram Panchayat and that being so in view of the provisions of section 13 of the Act, the suit filed by the plaintiff of the two Courts below to be interfered with in this second appeal. Consequently, the appeal fails and is dismissed with no order as to costs.