Dismissed

Ram Pal and Ors. v. Sumer Chand and Ors.

Punjab & Haryana HC10 Apr 2023RSA/489/2020

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed an appeal challenging the dismissal of a property suit for lack of civil court jurisdiction. The court held that Section 13 of the Punjab Village Common Lands Act, 1961, specifically bars civil courts from entertaining suits regarding whether land is 'shamlat deh', as the matter involves executive authority.

What did the court decide?

No relief; appeal dismissed and pending applications disposed off.

Ram Pal and Ors. Vs Sumer Chand and Ors. — Property and Title | Punjab & Haryana HC (2023)

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2023:PHHC:048623

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103

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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RSA No.489 of 2020 (O&M) DATE OF DECISION : 10.04.2023

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Ram Pal and Others …..Appellants versus Sumer Chand and Others .....Respondents

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CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

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Present : Mr. Chetan Kapoor, Advocate for the appellants

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ALKA SARIN, J. (Oral):

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The present appeal has been preferred by the plaintiffs against the concurrent finding of facts recorded by both the Courts below vide judgments and decrees dated 09.04.2015 and 18.08.2018.

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The brief facts relevant to the present lis are that the plaintiffappellants preferred a suit for declaration and permanent injunction to the effect that they along with defendant No.4 are owners in possession of the houses as detailed in the plaint and for setting aside the orders dated 06.03.2013 and 15.05.2013 passed by the Assistant Collector Ist Grade and the Collector, Karnal. It was further averred that plaintiff-appellants and defendant-respondent Nos.4 to 13 had constructed their houses in specific

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PARKASH CHAND 2023.04.11 15:36 I attest to the accuracy and authenticity of this order/judgment.

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2023:PHHC:048623 - 2 –

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RSA No.489 of 2020

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khasra numbers which were wrongly described in the jamabandis. The suit was contested by the defendant-respondent Nos.1 and 2 who raised preliminary objections on the ground of maintainability, suppression of facts, estoppel, jurisdiction, etc. On merits, it was contended that the plaintiff-appellants were in illegal possession of the suit property which belonged to Gram Panchayat.

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The Trial Court, on the basis of the pleadings of the parties, framed the following issues :

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Whether the plaintiff is entitled to a decree for declaration to the effect that the plaintiffs and performa defendant no.4 as prayed for ? OPP

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Whether the plaintiff is entitled to consequential relief of permanent injunction restraining the defendants no.1 to 3 from dispossessing the house of the plaintiffs and performa defendants no.4 in any manner ? OPD

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Whether the plaintiff has no locus standi and cause

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of action to file and maintain the resent suit ? OPD

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Whether the suit of the plaintiff is bad for misjoinder and nonjoinder of necessary parties ? OPD

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Relief.

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Vide order dated 16.08.2013 the Trial Court framed the following preliminary issue regarding jurisdiction :

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PARKASH CHAND 2023.04.11 15:36 I attest to the accuracy and authenticity of this order/judgment.

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2023:PHHC:048623 - 3 –

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RSA No.489 of 2020

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Whether the civil court has jurisdiction to try and entertain the present suit or not ? OPD

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On the preliminary issue of jurisdiction, the Trial Court held that the jurisdiction of the Civil Court was barred in view of the provisions of the Punjab Village Common Lands Act, 1961. The suit was dismissed on the ground of lack of jurisdiction vide judgment and decree dated 09.04.2015. Aggrieved by the same, the plaintiff-appellants preferred an appeal which was also dismissed on 18.08.2018. Hence, the present regular second appeal before this Court.

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The learned counsel for the plaintiff-appellants would contend that there is sufficient evidence on the record to show that the plaintiffappellants were the owners of the suit property. However, on the core issue of jurisdiction, the learned counsel has not addressed any arguments. Both the Courts below have concurrently found that Section 13 of the Punjab Village Common Lands Act, 1961 specifically bars the jurisdiction of the Civil Courts to entertain any suit raising the question as to whether immovable property is shamlat deh or otherwise. The documents on the record, Ex.P13 to Ex.P15, itself show that the suit property vests in the Gram Panchayat whereas the plaintiff-appellants have been claiming the suit properties to be theirs’. The question of title can only be decided by the Assistant Collector Ist Grade and the Assistant Collector Ist Grade vide order dated 06.03.2013 had ordered the ejectment of the plaintiff-appellants. The appeal was also dismissed by the Collector vide order dated 15.05.2013. The learned counsel for the plaintiff-appellants has not addressed any

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PARKASH CHAND 2023.04.11 15:36 I attest to the accuracy and authenticity of this order/judgment.

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2023:PHHC:048623 - 4 –

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RSA No.489 of 2020

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arguments as to the findings returned by the Courts below regarding the jurisdiction of the Civil Court.

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In view of the above, I do not find any merit in the present appeal. No question of law, much less any substantial question of law, arises in the present case. The appeal being devoid of any merit is accordingly dismissed. Pending applications, if any, also stand disposed off.

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Dismissed.

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10.04.2023 parkash

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(ALKA SARIN) JUDGE

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NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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PARKASH CHAND 2023.04.11 15:36 I attest to the accuracy and authenticity of this order/judgment.

Ram Pal and Ors. v. Sumer Chand and Ors.

Case brief

What is this about?

What did the court decide?

Ram Pal and Ors. v. Sumer Chand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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