JANGA SINGH Vs. NAUNIHAL SINGH

JUDGEMENT

(1.) Janga Singh and another have filed this appeal under clause 10 of the Letters Patent against the judgment and order of the learned Single Judge of this Court dated March 12, 1975, by which S.A.O. No. 35 of 1974 filed by Naunihal Singh was allowed and the plaint was rejected on the ground that civil Court had no jurisdiction to hear and decide the suit which was barred under Section 158(1) and (2)(xv) of the Punjab Land Revenue Act.

(2.) It is not necessary to go into the merits of the case as Mr. M.P. Singh Gill, the learned Deputy Advocate-General, concedes that the appeal has to be allowed in view of the Division Bench judgment of this court in Sardara Singh and others v. Hakam Singh and others,1976 PunLR 441. Mr. B.S. Shant, who appears for the contesting respondent, also concedes that the aforesaid judgment covers the case and the appeal has to be allowed. Consequently, in view of the law laid down in Sardara Singh and others v. Hakam Singh and others we allow this appeal, set aside the judgment of the learned Single Judge and restore that of the Additional District Judge and send back the case to the trial Court for proceeding with it on the remaining issues on merits in accordance with law. The parties, through their counsel, have been directed to appear before the learned trial Court on October 23, 1978. In the circumstances of the case, we make no order as to costs.