LAWS(P&H)-2009-7-52

LAKHAN SINGH Vs. NARANG SINGH

Decided On July 08, 2009
LAKHAN SINGH Appellant
V/S
Narang Singh Respondents

JUDGEMENT

(1.) PLAINTIFFS -respondents filed a suit for permanent injunction for restraining the defendants-appellants from interfering with their peaceful possession of the land in dispute. The suit of the plaintiffs was decreed by the Sub Judge, (Ist Class), Chandigarh vide judgment and decree dated 3.6.1986 and the same were affirmed by the Additional District Judge, Chandigarh vide judgment and decree dated 13.10.1995. Hence, the present appeal by the defendants-appellants.

(2.) BRIEF facts of the case, as noticed by the lower Appellate Court in para Nos. 2 to 7 of its judgment, are as under :-

(3.) THE arguments raised by learned counsel for the appellants is that the jurisdiction of the Civil Court was barred in this case in view of Section 13 of the Punjab Village Common Lands (Regulations) Act, 1961 (for short 'the Act'). The suit was liable to be dismissed or the plaint was liable to be returned to the plaintiffs to enable them to present the same before the competent Court of jurisdiction.