GURBACHAN SINGH Vs. GRAM PANCHAYAT OF MANSUHA KALAN

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgments and decrees of the Courts below, whereby, the suit of the plaintiff-appellants, for a declaration, that the Suit land belongs to Doongran Patti, and Nubani Patti, the same is not vested in the. Gram panchyat, and that the same has been wrongly mutated in favour of the Gram Panchyat, has been dismissed It was further pleaded that on the basis of the wrong mutation entries, the revenue entries in the Jamabandis for the years l965-66,l970-71 and, 1975-76, in respect of the land in suit were also wrong. An application for correction by way of making correct entries was made After due verification, the correction of the revenue record was ordered by the Assistant Collector, IInd Grade, Rupnagar, on 30th March, 1977, and again on 27th July, 1977.

(2.) THE Gram Panchayat prefered an appeal before the Collector alleging that the Assistant Collector bad no jurisdiction, and that the jurisdiction vested in the Civil Court. The revision fled by the plain tiffs before the Commissioner was rejected Consequently the plaintiffs filed the civil suit on the averments that mutation No; 68 did not relate to the land in dispute, and, therefore, by mistake the entries were made in the Jamahandies for the year 1965-66 and subsequent Jamabandies that the land in dispute, is situated in the Nohani Patti, and, that the revenue record also shows, that the land in dispute was never mutated in favour of the Gram Panchayat of the village. Declaration was also sought that the land in dispute was never mutated in favour of the Gram Panchayat, and, the same is not vested in the said Gram Panchayat.

(3.) IN the written statement filed on behalf of the Gram Panchayat , one of the preliminary objection taken was that the Civil Court bad no jurisdiction in the matter, inasmuch as, the suit related to the Shamlat Deh, which bad already vested, in the Gram Panchayat, and, as such, the Civil Court had no jurisdiction to try the suit.