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2002 Supreme(SC) 767

S.N.VARIAVA, S.S.M.QUADRI
Dhruv Green Field LTD. – Appellant
Versus
Hukam Singh – Respondent


Judgement Key Points

What is the scope of Civil Court jurisdiction under Section 9 CPC in light of Section 10-A and Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961? What is the proper forum to decide disputes about lease/sale of Panchayat land under the Act and Rules, and does Section 13 bar Civil Court involvement? What is the effect of non-compliance with Rule 6(10)(2) and (1)(o)(2) of the Punjab Village Common Lands (Regulation) Rules, 1964 on the validity of a lease and the jurisdiction to adjudicate?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the scope of Civil Court jurisdiction under Section 9 CPC in light of Section 10-A and Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961?

What is the proper forum to decide disputes about lease/sale of Panchayat land under the Act and Rules, and does Section 13 bar Civil Court involvement?

What is the effect of non-compliance with Rule 6(10)(2) and (1)(o)(2) of the Punjab Village Common Lands (Regulation) Rules, 1964 on the validity of a lease and the jurisdiction to adjudicate?


JUDGMENT

Syed Shah Mohammed Quadri, J.-Heard the learned counsel for the parties.

2. Leave is granted.

3. The judgment and order of a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in S.A.O.No. 28 of 2000, made on August 16, 2001, is assailed in this appeal filed by the first defendant in the suit.

4. The short question that arises for our consideration is : whether provisions of Section 13 read with Section 10-A of the Act bar jurisdiction of a civil court to entertain the suit filed by the respondents.

5. The factual matrix giving rise to the question may be noticed here. The appeal arises out of the suit filed by respondents (plaintiffs), in representative capacity, challenging the validity of the lease of land measuring 280 kanals situated within the revenue estate of village Madnaka, Tehsil Hathin, District Faridabad (for short, the suit land ), granted by the Gram Panchayat Madnaka for a period of 10 years for Rs.10 lacs in favour of the appellant on October 1, 1997. It is alleged that the lease is in violation of the provisions of Punjab Village Common Lands (Regulation) Act, 1961 (referred to in this judgment as the Act )* and the Rules made there









































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