The limitation period for filing claims under section 11(1) of the Punjab Village Common Lands (Regulation) Act, 1961 and rule 21-A of the Rules framed thereunder is to be calculated from the date of accrual of cause of action, which is a recurring cause of action in cases where the claimant continues to be in possession of the land in dispute and faces a recurring threat of dispossession.

G.C.Mittal, J.

1. Descendants of Mehar Singh, who are petitioners before us, filed a civil suit in the year 1974 to challenge the order of the Assistant Collector, Ist Grade, Sangrur, dated 25.3.1974 passed under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) on the basis that they and prior to them, Mehar Singh, had been cultivating 68 Bighas 17 Biswas of land since before 1950 and as such it did not vest in the Gram Panchayat as Shamlat Deh and the order of the Assistant Collector was, therefore, null and void and prayed for permanent injunction to restrain the Gram Panchayat from executing the ejectment order or from interfering in their possession. The trial court by judgement and decree dated 16-8-1978, decreed the suit as prayed for. The Gram Panchayat went up in appeal and the appeal was dismissed by the Additional District Judge on 18.4.1979. Thereafter, the Gram Panchayat came to this court R.S.A No. 1854 of 1979 which was allowed on 19.3.1981 in view of the amendment made in section 13 of the Act, which took away the jurisdiction of the civil Court to entertain or adjudicate upon any question whether any property or any right to or interest in any property is or is not Shamlat Deh or to question the legality of any action taken by the Panchayat under the Act. After setting aside the judgments and decree of the two courts below, it was ordered that the plaint be returned to the plaintiffs for presentation to the Collector having jurisdiction in the matter. On the basis of the aforesaid order, according to the petitioners, the plaint was returned to them on 9.9.1981 and on the same date it was presented to the Collector, Sangrur, alongwith an application that it was being refiled in view of the High Courts order and the same may be entertained and suitable orders passed. The application for entertaining the suit was dismissed by the District Development and Panchayat Officer, Sangrur exercising the powers of the Collector under the Act, by order dated 6.1.1982 (Annexure P.3) on coming to the conclusion that it was not filed within limitation. The true translation of the relevant portion of order rejecting the application after noticing the arguments of both the sides is as follows:-

"After hearing the counsel and going through the record, I have come to the conclusion that the application is not within limitation. Therefore, the application of the applicant is hereby dismissed. Order pronounced."

2. Thereafter the petitioners filed an application under section 11 of the Act before the District Development and Panchayat Officer, Sangrur exercising the powers of the Collector under the Act, for determination of title claiming to be owners of 68 Bighas and 17 Biswas of land on the plea that they and their predecessors-in-interest had been in possession thereof since before 1950 and, therefore, under section 2(g) of the Act, it did not vest in the Panchayat. In para 11 of the application, it was stated as follows:-

"11.That the respondent No. 1 (meaning Gram Panchayat) on 16.5.1982, threatened to take the possession of the land in dispute from the applicants. This gave a cause of action to the applicants to file this application. Hence, this present application is within limitation from 16.5.1982 when the last cause of action arose. An affidavit in the support of this allegation is attached herewith".

Along with the application under section 11 of the Act, the petitioners filed an application for the grant of interim injunction restraining the respondent-Gram Panchayat from dispossessing them till the matter of title was decided under the Act.That application was allowed vide order dated 27.8.1982 (Annexure P.5) and it was ordered that the petitioners should not be dispossessed from the land in dispute till the decision of the application under section 11 of the Act. Against the aforesaid interim order, the Gram Panchayat went up in appeal before the Commiss