C. R. No. 749 OF 2007. ****** Harbans Singh & others vs Sharanjit Singh & another Present : Mr.Anupam Singla, Advocate for the petitioners. None for the respondents. ******* The petitioners challenge an order, dated 24.1.2007, passed by the learned District Judge, Patiala, reversing the order, dated 26.9.2006, passed by the learned Civil Judge (Junior Division), Patiala. Counsel for the petitioners submits that petitioners No.1 to 7, along with Jaswant Singh (deceased) and now represented through petitioners No.8 to 13, filed a suit for permanent injunction to restrain the respondents from interfering with their possession of more than 30 years. It is submitted that as the suit land is situated within the abadi, it does not vest in the Gram Panchayat. The learned Appellate Authority, therefore, erred, while holding that a dispute regarding title would have to be decided, under Section 13 of the Punjab Village Common Lands (Regulations) Act, 1961 (for short herein after referred to as “the Act”), and, therefore, no injunction could be granted. No one has put in appearance on behalf of the respondents. The impugned order does not suffer from any error of law or of jurisdiction as would require interference. Though land, within the “Abadi Deh” does not fall within the definition of “Shamlat Deh”, but ownership of open spaces within Abadi Deh, vests in a Gram Panchayat. The land, in dispute, was a Chappar. The dispute, apart from the question of possession, is whether the land in dispute is shamlat deh or not. Such a dispute can C.R.No.749 of 2007 : 2 : only be decided by filing an application, under Section 11 of the Act. The jurisdiction of civil Courts to entertain such pleas is explicitly barred. In view of what has been stated above, the revision petition is dismissed with no order as to costs. ( RAJIVE BHALLA ) February 05, 2008. JUDGE `kk'