LAWS(P&H)-1979-10-63

KASHMIRI LAL Vs. BANWARI LAL

Decided On October 13, 1979
KASHMIRI LAL Appellant
V/S
BANWARI LAL Respondents

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff against the judgment of the Additional District Judge, Ambala, dated March 27, 1979.

(2.) Briefly, the facts are that Murli Lal deceased, father of the plaintiff-appellant purchased a site comprised of a bara located in village Karasham on March 23, 1926 in a Court auction. The plaintiff instituted a suit for permanent injunction restraining the defendants from dispossessing him from the aforesaid property. The defendants contested the suit inter alia on the ground that the property had vested in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) and, therefore, the Civil Court had no jurisdiction to try the suit.

(3.) The learned trial Court held that the Civil Court had no jurisdiction to try the suit and consequently it ordered that the plaint be returned to the plaintiff for presentation to the proper Court. The plaintiff went up in appeal to the Additional District Judge, Ambala, who affirmed the judgment of the trial Court and dismissed the same. He has come up in revision against the order of the Additional District Judge, to this Court.