The main legal point established in the judgment is that the jurisdiction of the Civil Court is barred to decide whether the land in dispute is covered by the definition of 'Shamlat Deh' or not.

JUDGMENT

Anil Kshetarpal, J. (Oral) - Two connected Regular Second Appeals arising from a common judgment passed by the First Appellate Court while deciding two connected first appeals shall stand disposed of.

2. The plaintiffs filed a suit in a representative capacity seeking declaration to the effect that the suit land measuring 2699 kanals and 14 marlas located in village Karura, District Anadpur Sahib, is reserved for grazing cattles and for fuelwood. It has been asserted that the land has been carved out from previous khasra numbers 1 to 15 measuring 3556 kanals and 19 marlas during consolidation of holdings in the village.

3. The defendants, while contesting the suit, claim that the land was never reserved or assigned for grazing of cattles. They claim ownership on the strength of the revenue record. In alternative, they also claim adverse possession.

On appreciation of the pleadings, the trial Court culled out the following issues:-

1. Whether the suit land was reserved for the purposes of grazing cattle for all the inhabitants of the village? OPP

2. whether the plaintiffs have locus standi to file the present suit? OPP

3. Whether the suit is bad for non-joinder of necessary parties? OPP

4. whether the provisions of order 1 Rule 8 CPC have not been complied with, if so, to what effect? OPD

5. Whether the suit is not maintainable as alleged in the written statement? OPD

6. Whether the suit is within time? OPP

7. If issue no.1 is proved, whether the rights of the plaintiffs and other inhabitants of the village stand extinguished by the efflux of time? OPD

8. Whether the plaintiffs are entitled to the declaration prayed for? OPP

9. Relief."

4. Both the Courts, on appreciation of evidence, have found that as per 'Shart Wajib-Ul-Arz', which has the force of a local law, the land is reserved for grazing of cattles by the proprietors as well as by the non-proprietors. Thus, both the courts have decreed the suit.

These appeals have come up for hearing after a period of 32 years.

5. This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the paper book and the record which was requisitioned.

6. The land reserved or utilized for grazing of cattles is one of the various common purposes which have been defined in Section 2(bb) of the East Punjab Holding (consolidation and prevention of Fragmentation) Act, 1948.

7. As per the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act'), the land utilized for common purposes may or may not be 'Shamlat Deh'. In this case, the primary question arises for consideration is 'whether the land is 'Shamlat Deh' or not?

8. The exclusive jurisdiction to decide such question lies with the authority constituted under Section 2 of the 1961 Act and the jurisdiction of the Civil Court is barred under Section 13 of the 1961 Act, which is extracted as under:-

'13. No civil court shall have jurisdiction-

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

(i) any land or other immovable property is or not shamilat 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;

(b) in respect of any matter which any revenue court, officer or authority is empowered by or under this Act to determine; or

(c) to question the legality of any action taken or matter decided by any revenue court, officer or authority empowered to do so under this Act.

13-A Adjudication - (1) Any person or in the case of a Panchayat, either the Panchayat or its Gram Sachive, the concerned Block Development and Panchayat Officer, Social Education and Panchayat Officer or any other officer duly authorised by the State Government in this behalf, claiming right, title or interest in any land or other immovable property vested or deemed to have been vested in the Panchayat under this Act, may file a suit for adjudication, whether such land or other immo