Tek Chand and Another vs Gram Panchayat, Mohammed Heri and Others

Ashutosh Mohunta, J.—This is a revision against the orders passed by the Sub Judge, Ist Class, Gurgaon, dated 23.7.1985 as well as the judgment passed by the Additional District Judge, Gurgaon, dated 17.4.1986 by which the suit filed by the petitioner was dismissed.

Briefly the facts of the case are that the petitioners filed a suit for permanent injunction praying therein that the Gram Panchayat be restrained from removing the construction over the land in dispute. It was alleged that a small piece of land was given to the petitioners by the Gram Panchayat, Dharampur, for construction of a temple and on the said piece of land a room was also given to the petitioners for the education of children.

The allegations of the petitioners were denied by the respondent-Gram Panchayat. It was pleaded that the Gram Panchayat has never given the land in dispute to the plaintiffs-petitioners for construction of the temple. It is further stated that no temple has been constructed by the petitioner and the land is in possession of the Gram Panchayat where a school building has been constructed for children. It was further averred that the petitioners have no concern in the property in dispute and the Civil Court has no jurisdiction to entertain the suit filed by the petitioners-plaintiffs.

Both the courts have held that the petitioners were neither the owners of the suit property nor in possession of the same. It has further been held that as there is dispute between the parties regarding the title of the suit property i.e., whether Gram Panchayat is the owner of the property in dispute or not, then in such cases the jurisdiction of the civil Court is barred u/s 13 of the Punjab Village Common Lands (Regulation) Act, 1961.

I have heard the learned counsel for the petitioners.

A perusal of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ''the Act'') shows that the jurisdiction of the civil Court is barred in a case where title of the suit land is concerned. In the present case, the question whether the suit property belongs to the Gram Panchayat or not is involved. Thus, whether the title or the right of Gram Panchayat pertaining to property is involved then in such cases the jurisdiction of civil Court is expressly barred u/s 13 of the Act.

In this view the matter, I find no ground to interfere, in the judgment of the Courts below. Consequently, the revision is dismissed.