The appellant appealed against a decree declaring an Assistant Collector's order void. The court held that an Assistant Collector cannot annul a civil court decree under the 1961 Act, affirming the lower courts' dismissal based on established precedent.
The appeal was dismissed; the decree in favour of the respondent stood affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
RSA No.204 of 1987 (O&M) Date of decision: 9.11.2009
Vir Pal and others
-----Appellants
Vs.
Chet Ram
----Respondent
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
Present:- Mr. A.S.Tewatia, Advocate for the appellants. None for the respondent.
Adarsh Kumar Goel ,J.
against decree granted by the courts below in favour of respondent-plaintiff declaring order of the Assistant Collector dated 11.10.1982, as affirmed by the Collector on 17.3.1983, to be void and restraining the appellants from
dispossessing them.
RSA No.204 of 1986 (O&M)
2
Collector as affirmed by Collector, annulling decree of Civil Court in favour of the plaintiff.
RSA No.204 of 1986 (O&M)
3
v. Joint Director Panchayats Punjab and others , 1984
PLJ 580.
“i) Whether jurisdiction of the Civil courts is barred under Section 158(2)(vi)?
ii) Whether alternative remedy is available under section 13 of the Land Revenue Act? iii) Whether a document neither exhibited nor placed on record can be taken into consideration by oral submission made in Court?”
He, however, fairly states that in DB judgment of this
Court in Bajinder Singh and another v. The Assistant Collector Ist Grade, Guhla and others , 1983 PLJ 116, it
RSA No.204 of 1986 (O&M)
4
has been held that the authorities under the 1961 Act could not annul decree passed by civil court.
November 9, 2009 (Adarsh Kumar Goel) ‘gs’ Judge
3 issues framed by the court
Whether jurisdiction of Civil courts is barred under Section 158(2)(vi) of the Punjab Village Common Lands (Regulation) Act, 1961?
Whether alternative remedy is available under section 13 of the Land Revenue Act?
Whether a document neither exhibited nor placed on record can be taken into consideration by oral submission made in Court?
Colour shows how this judgement treated each authority
Gurnam Singh and others v. Joint Director Panchayats Punjab and othersFollowed¶6
Gurnam Singh and others v. Joint Director Panchayats Punjab and others, 1984 PLJ 580
Bajinder Singh and another v. The Assistant Collector Ist Grade, Guhla and othersFollowed¶9
Bajinder Singh and another v. The Assistant Collector Ist Grade, Guhla and others, 1983 PLJ 116
2 provisions across 2 enactments
Vir Pal and others
Chet Ram
Adarsh Kumar Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
