RAGHBIR SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Unsuccessful plaintiff Raghbir Singh and others have filed the present RSA and it has been directed against the judgment and decree dated 26.10.1979 passed by the Court of Additional District Judge, Patiala, who by holding that the Civil Court had no jurisdiction to entertain the suit, returned the plaint to the plaintiffs under Order 7, Rule 10, C.P.C. but also framed a decree.

(2.) The brief facts of the case can be noticed in the following manner:-

(3.) The plaintiff-appellants filed a suit for permanent injunction against the defendants Gram Panchayat and Gram Sabha Sagaunch, Tehsil Rajpura, from dispossessing them from the suit land or leasing it or otherwise auctioning it. The case set up by the plaintiff was that the land measuring 31 bighas 15 biswas fully described in the head note of the plaint, situated in the revenue estate of village Sagundh, Tehsil Rajpura, is owned and possessed by them. They had purchased this land from Gopal Dass, allottee, through his Mukhtiar-i-am Thakar Dass, vide sale deed dated 26.11.1974 for a sum of Rs. 32,000/-. It was alleged by the plaintiffs that the proprietory body of village Sagaundh consisted of muslims, who had migrated to Pakistan and the shamlat deh also became evacuee property and it could not vest in the Gram Panchayat. It was stated by them that the provisions of the Punjab Village Common Lands (Regulation) Act (hereinafter referred to as 'the Act') are void to the extent to which it declared that the share of the Muslims evacuee in the shamlat deh had also vested in the Gram Panchayat. The plaintiffs further alleged that since they had purchased the land in dispute from Gopal Dass, allottee, through his attorney, and were in actual possession, therefore, they could not be dispossessed by the Gram Panchayat, which is threatening to lease out the suit land by auction, etc.