HARBANS SINGH Vs. HARNEK SINGH & OTHERS

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order of the learned Civil Judge (Jr.Division) dated 13.7.2018, by which the application of the petitioner filed under Order 7 Rule 11 of the CPC, seeking rejection of the plaint in the suit instituted by respondent no.1 herein, has been dismissed.

(2.) The petitioner in his application had contended that the suit of the said respondent is not maintainable, as jurisdiction of the Civil Court is barred in terms of Section 158 of the Punjab Land Revenue Act, 1887 (for short 'the Act'), which reads as follows:-

(3.) Before that Court, on behalf of the petitioner, a judgement of this Court in Raj Kumar vs. Katu Ram @ Chhotu Ram & Ors., 1995 1 RRR 709 , had been cited. The learned trial Court however dismissed the application, holding that as per Section 45 of the Act, a person who is in possession of a suit property (as falls within the purview of the Act) and is aggrieved by an incorrect entry in the revenue record, can institute a suit for declaration of title, as was held by this Court in Tarlok Singh vs. Financial Commissioner, Co-operation, 2004 3 RCR(Civ) 548. Thus, that Court held that as the respondent-plaintiff was seeking a decree of declaration of title, to the effect that he is owner in possession of his 1/12th share on the basis of a compromise entered into by him, and that he had not challenged any order of the revenue Court, therefore, the Civil Court had, in fact, jurisdiction to entertain the suit.