9911796707
TMI Blog1986 (9) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... ehsil Barnala, District Sangrur in the State of Punjab (hereinafter referred to as 'the Panchayat') had no sort of right in the suit land and that the suit land had been wrongly shown as belonging to the Panchayat by the entries made in the revenue records which were not binding on the plaintiffs and for an injunction restraining the Panchayat from interfering their possession. The Panchayat in the course of its written statement inter alia pleaded that the Court before which the suit had been instituted had no jurisdiction to try it by virtue of the provisions of section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (Punjab Act No. 18 of 1 961) (hereinafter referred to as 'the Act'). The trial court framed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) lands used or reserved for the benefit of village community including streets lanes, playgrounds, schools, drinking wells, or ponds within abadi deh or gorah deh; and (5) lands in any village described as banjar qadim and used for common purposes of the village according to revenue records: Provided that shamlat deh at least to the extent of twenty-five per cent of the total area of the village does not exist in the village; ......... ......... The Act was amended by the Punjab Village Common Lands (Regulation) (Amendment) Act, 1976. Section 7 of the above Amending Act substituted the original sections 11, 12 and 13 of the Act by new sections. After the amendment sections 11, 1 2 and 13 read as follows: 11. Decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken by the Commissioner or the Collector or the Panchayat under this Act; or (c) in respect of any matter which the Commissioner or the Collector is empowered by or under this Act to determine Section 11 of the Act provides that any person claiming right, title or interest in any land vested or deemed to have been vested in a Panchayat under the Act, or claiming that any land has not so vested in a Panchayat, may submit to the Collector, within such time as may be prescribed, a statement of his claim in writing and signed and verified in the prescribed manner and that the Collector shall have jurisdiction to decide such claim in such manner as may be prescribed. Any person aggrieved by the decision of the Collector is entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... virtue of section 13 of the Act the jurisdiction of civil courts to try such suits had been taken away. In the instant case the suit had been filed against the Panchayat and the Panchayat had expressly claimed that the land in question belonged to it as shamlat deh. It will not be possible in the circumstances for the civil court to make a declaration in favour of the plaintiffs without deciding the question whether the property in question was shamlat deh or not and whether it belonged to the Panchayat or not. Reliance was however placed by the learned counsel for the petitioners on a decision of the Punjab and Haryana High Court in Bhagu and Ors., v. Ram Sarup and Ors ., [1985] Punjab Law Journal Page 366 in which the suit had been held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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