GURTEJ SINGH Vs. LABH SINGH

JUDGEMENT

(1.) CM-10726-C-2017 For the reasons stated in the application, which is supported by an affidavit, delay of 138 days in re-filing the appeal is condoned. CM stands disposed of.

(2.) MAIN CASE The short point involved in the present regular second appeal is whether the Civil Court would have the jurisdiction to pass a preliminary decree, in respect of land, reflected in the revenue record as abadi deh or the Revenue Court, in view of the provisions of Sec. 158 of the Punjab Land Revenue Act, 1887 (in short 'the 1887 Act').

(3.) Mr. Khurana, learned counsel appearing on behalf of the appellant-defendant submitted that the jointness amongst the co-sharers is not in dispute as the jamabandi reflected to be gair mumkin. It will not take away the character of the property as agricultural land, as, for abadi deh, the field numbers are allocated and maintained in the field book. In support of his contentions, relies upon the decision dtd. 19/8/2011, of this Court rendered in CWP No.2619 of 2010 titled as "Raghbir Singh and others V/s State of Haryana and others".