RSA No.1515 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH REGULAR SECOND APPEAL No.1515 of 2010 DATE OF DECISION: 8 th APRIL, 2011 Dharambir .... Appellant Versus Ramphal & others .... Respondents CORAM :- HON'BLE MR. JUSTICE L. N. MITTAL. PRESENT: Mr. S. S. Godara, Advocate for the appellant. Mr. R. S. Dhull, Advocate for respondents No.1 to 4. None for respondent No.5. * * * * L.N. MITTAL, J. (ORAL) Plaintiff Dharambir having failed in both the courts below has filed the instant second appeal. Plaintiff alleged that the suit land is shamlat land and vested in Gram Panchayat-defendant No.5. Defendants, however, alleged that suit land did not vest in Gram Panchayat. Defendant Nos.1 to 4 claimed to be in possession of the suit land and alleged that it belongs to Jumla Mustarka Malkan. Bar of jurisdiction of Civil Court was also pleaded. Various other pleas were also raised. Learned Civil Judge (Senior Division), Jind vide judgment and decree dated 16.01.2009 dismissed the plaintiff's suit holding that Gram Panchayat is not owner in possession of the suit land and also holding that jurisdiction of Civil Court to try the suit is barred. First appeal preferred by the RSA No.1515 of 2010 -2- plaintiff has been dismissed by learned Additional District Judge, Jind vide judgment and decree dated 25.11.2009, affirming the aforesaid findings of the trial court. Feeling aggrieved, plaintiff has filed the instant second appeal. I have heard learned counsel for the parties and perused the case file. Learned counsel for the appellant vehemently contended that since jurisdiction of the Civil Court to try the suit was barred, the courts below could not have recorded finding that Gram Panchayat is not owner of the suit land and, therefore, the said finding has to be set aside. There is considerable merit in the contention. Section 13 A of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to Haryana (in short, the Act) lays down that any person or Gram Panchayat claiming any right, title or interest in any land vested or deemed to have vested in Gram Panchayat may file suit for adjudication of such right, title or interest in the court of the Collector. Section 13 of the Act bars jurisdiction of the Civil Court to entertain any suit to adjudicate upon any such question. It is thus manifest that the question, whether the suit land vested in Gram Panchayat defendant No.5 or not, can be adjudicated upon by only the Collector in suit filed under Section 13-A of the Act and cannot be adjudicated upon by Civil Court. Jurisdiction of Civil Court to adjudicate upon this question is barred by Section 13 of the Act. Finding of the courts below regarding bar of jurisdiction of Civil Court is, therefore, fully justified and is not challenged in this second appeal. However, since jurisdiction of Civil Court is barred, the finding that Gram Panchayat is not owner of the suit land could not be recorded by the courts below because finding on this issue can be recorded only by the Collector in suit RSA No.1515 of 2010 -3- filed under Section 13-A of the Act. Accordingly, said finding recorded by the courts below has to be set aside being against the statutory provisions. Substantial question of law to this effect arises for adjudication in this second appeal and same is answered accordingly. For the reasons aforesaid the instant second appeal is allowed. While affirming the finding of the courts below that jurisdiction of the Civil Court to try the suit is barred, findings of the courts below on other issues are set aside. Plaint instituted by the plaintiff-appellant is ordered to be returned to him for presentation before court of competent jurisdiction. Files of the courts below be sent back at once. Plaintiff is directed to appear before the Trial Court on 11.05.2011 to receive back the plaint. The appeal stands disposed of accordingly. (L. N. MITTAL) JUDGE 8th April, 2011 'raj'