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1983 Supreme(P&H) 388

I.S.TIWANA, G.C.MITTAL
Sarwan Singh – Appellant
Versus
Gram Panchayat Balad Kalan – Respondent


Judgment

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 pr





















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