GRAM PANCHAYAT RAJOWAL Vs. INDER SINGH

JUDGEMENT

(1.) This petition is directed against the order dated 11.10.1998 of Additional District Judge, Ludhiana, whereby the order of the trial Court declining ad interim order of injunction was set aside and the defendants were restrained from interfering with the possession of the suit land till the disposed of the suit.

(2.) Inder Singh and Harnam Singh have filed a suit for permanent injunction restraining defendant including the Gram Panchayat village Rajowal from interfering with their possession of the land measuring 111 Kanals situated in Village Rajowal, Tehsil and District Ludhiana. Along with the suit, they filed an application for ad-interm injunction restraining them to interfere with their possession. The said application was dismissed by the trial Court primarily on the ground that the jurisdiction of the Civil Court was barred under Section 13 of the Punjab Village Common Lands (Regulation) Act to entertain any question with respect to the right or interest in any Shamilat deh property. In appeal, the learned Additional District Judge, in a very detailed judgment, found that the plaintiff is claiming protection under Section 41 of the Transfer of property Act; Civil Court in the present case has prima facie jurisdiction to entertain and try the present suit; to protect possession of the plaintiffs who claimed that they are bona fide purchasers for value of the land which, at one time, was allotted to a displaced person by the Rehabilitation Department. Since the possession of the plaintiffs in suit land was admitted by the defendants. It was directed that the defendant are restrained from interfering with the possession of the suit land till the disposal of the suit.

(3.) The main arguments raised on behalf of defendant-Gram Panchayat in this petition is that since jurisdiction of the Civil Court is barred in view of Section 13 of the Punjab Village Common Lands (Regulation) Act, no such injunction could be issued by the lower appellant court.