RSA No.1725 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1725 of 2011 (O&M) Date of Decision: 3.10.2011 Ajaib Singh & Ors. ...Appellants Vs. Darshan Singh & Ors. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Ms.Savita Tanveer, Advocate, for Mr.Vikas Singh, Advocate, for the appellants. --- A.N.Jindal, J. The appellants claim themselves to be the owners of the land measuring 50 kanals 2 marlas having purchased the same from Wasan Singh, Pritam Singh, Gurbachan Singh sons of Bahal Singh as well as Bahal Singh on 21.6.1971 and the defendants also purchased the remaining land from the owners. It has also been alleged that the entire land of the co-sharers has not been partitioned. The appellants have challenged the order of partition, the appellate as well as revisional orders passed by the revenue authorities regarding partition. The defendants/respondents controverted the allegations and alleged that the entire land stood RSA No.1725 of 2011 2 partitioned after the appellants had lost their claim up to the Court of Financial Commissioner. They have challenged the partition proceedings before the civil court. The trial court had framed 9 issues, out of these two relevant issues are reproduced here:- 1. Whether the order of partition dated 27.3.1995 of A.C.Ist Grade, Ajnala, order dated 16.1.1996 passed by the Collector, Sub Division, Ajnala, Order dated 4.10.1999 passed by Commissioner, Jalandhar Division, Jalandhar and order dated 6.7.2000 passed by the Financial Commissioner Appeal, Punjab, Chandigarh are illegal?OPP 4. Whether this court has jurisdiction to entertain and try this suit? OPP Issue No.4 with regard to the jurisdiction of the court was treated and decided as preliminary issue. On issue No.4, while observing that the issue does not involve mixed questions of facts and law, held that the civil court has no jurisdiction to try such suit as section 158 (2) (xvii) and (xviii) of the Punjab Land Revenue Act, 1887 expressly bar the jurisdiction of the civil court in such matters. No question of law arises in the appeal. Dismissed in limine. (A.N.Jindal) 3.10.2011 Judge rp