R.N.Mittal, J.

1. This revision petition has been filed by the defendant against the order of the Senior Subordinate Judge, Bhiwani, dated 28-5-1981.

2. Briefly the case of the plaintiff is that the defendant encroached upon the part of the street which was between his house and that of the defendant. He, consequently, filed a suit for mandatory injunction directing the defendant to remove illegal encroachment and restraining him not to interfere into the enjoyment of the street by the plaintiff.

3. The suit was contested by the defendant who controverted the allegations of the plaintiff and inter alia pleaded that the property was not a shamlat property and that the Civil Court had no jurisdiction to try the suit. The learned trial Court had no jurisdiction to try the suit. The learned trial Court framed as many as 11 issues. Issue No. 5 related to the jurisdiction of the Court and reads as follows.

(5) Whether the civil Court has no jurisdiction to try the present suit?

4. It held that the civil Court had the jurisdiction to try the suit and thus decided issue No. 5 in favour of the plaintiff. The defendant had come up in revision against that order to this Court.

5. The only question that arises for determination is as to whether the civil Court had the jurisdiction to try the suit. Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) defines `shamlat deh. It inter alia includes lands used or reserved for the benefit of village community including streets, lanes, play-grounds, schools, drinking wells or ponds within abadi deh or gorah deh. In view of the aforesaid definition, the property for which the suit has been instituted by the plaintiff is shamlat deh.

6. Now it is to be seen whether the plaintiff can file a suit regarding shamlat deh in a civil Court. Section 13 of the Act relates to the bar of jurisdiction of the civil Court. It reads as follows :-

"13. Bar of jurisdiction.- No civil Court shall have jurisdiction-

(a) to entertain or adjudicate upon any question whether-

(i) any land or other immovable property is or is not shamlat deh.

(ii) any land or other immovable property or any right, title or interest in such land or other immovable property vests or does not vest in a Panchayat under this Act:....... ".

7. Section 7 of the Act deals with power to put Panchayats in possession of certain lands. It reads as follows :-

"(1) An Assistant Collector of the first grade having jurisdiction in the village may, either suo motu or on an application made to him by a Panchayat or an inhabitant of the village or the Block Development and Panchayat OFFicer or Social Education and Panchayat Officer or any other officer authorised by the Block Development and Panchayat officer, after making such summary enquiry as he may deem fit and in accordance with such procedure as may be prescribed, eject any person who is in wrongful or unauthorised possession of the land or other immovable property in the shamilat deh of that village which vests or is deemed to have been vested in the Panchayat under this Act and put the Panchayat in possession thereof and for so doing the Assistant Collector of the first grade may exercise the powers of a revenue Court in relation to the execution of a decree for possession of land under the Punjab Tenancy Act, 1887.

(2) The Assistant Collector of the first grade may, by an order, in writing, require any person to pay a penalty, in respect of the land or other immovable property which was or has been in his wrongful or unauthorised possession, at a rate not less than six hundred rupees and not more than two thousand and five hundred rupees per hectore per annum, having regard to the benefit which could be derived from the land or other immovable property. If the penalty is not paid within the period of thirty days from the date of the order, the same shall be recoverable as arrears of land revenue.

(3) If any person refuses or fails to