Case Note & Summary
The dispute arose from a suit filed by the appellants for a declaration of ownership over land claimed to be in their possession, against the Gram Sabha Buhavi. The appellants contended that the land was not shamilat deh and sought to establish their title through adverse possession. The trial court transferred the case to the Assistant Collector under section 13B of the Punjab Village Common Lands (Regulation) Act, 1961, which was later amended by Haryana Act 2 of 1981, omitting section 13B with retrospective effect. The High Court upheld the transfer order, leading to the present appeal. The Supreme Court noted that the amended section 13 barred civil courts from adjudicating on whether land is shamilat deh or whether it vests in the Panchayat. The appellants argued that since they admitted the land was shamilat deh, the only issue was their claim of adverse possession, which they believed should allow civil court jurisdiction. However, the court found that the trial court's finding regarding the land's status as shamilat deh was unchallenged, thus affirming that the civil court lacked jurisdiction. The court dismissed the appeal, directing the Assistant Collector to expedite the proceedings.
Headnote
A) Land Law - Jurisdiction of Civil Courts - Bar on Civil Court Jurisdiction - Punjab Village Common Lands (Regulation) Act, 1961, Sections 13(a)(i), 13(a)(ii) - The civil court is barred from adjudicating on whether land is shamilat deh or whether it vests in the Panchayat, as per the amended provisions of the Act. The court held that the Assistant Collector has the jurisdiction to dispose of the suit transferred to him, as the civil court cannot entertain the matter (Paras 439-440).
Issue of Consideration
Whether the civil court has jurisdiction to hear the suit regarding ownership of land claimed to be shamilat deh.
Final Decision
The Supreme Court dismissed the appeal, affirming that the civil court had no jurisdiction to hear the suit regarding the land, which was to be adjudicated by the Assistant Collector as per the amended Act. The court directed the Assistant Collector to expedite the proceedings.
Law Points
- Jurisdiction of civil courts
- adverse possession
- shamilat deh
- statutory amendments
- transfer of suits
