SARJEET SINGH (D) TH. LRS. versus HARI SINGH & ORS.

SARJEET SINGH (D) TH. LRS. versus HARI SINGH & ORS.

Suit for possession and declaration of shamilat deh land is not maintainable before civil court; only the Collector is the competent forum for such grievances under Punjab Village Common Lands (Regulations) Act, 1961.

Parties
Appellant: Sarjeet Singh (D) through LRS; Respondent: Hari Singh & Ors.
Jurisdiction
India
Judgment Date
15 October 2014
Procedural Posture
Civil Appeal / Decision on Appeal From High Court's Judgment in Regular Second Appeal No.1346 of 2009
Outcome
appeal dismissed
Legal Topics
Maintainability of Suit for Possession of Shamilat Land, Jurisdiction of Civil Courts Under Punjab Village Common Lands (regulations) Act, 1961
Property Law Maintainability of Suit for Possession of Shamilat Land Jurisdiction of Civil Courts Under Punjab Village Common Lands (regulations) Act, 1961

Case Brief

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Parties

Sarjeet Singh (D) through LRS

Appellant

Hari Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court's Judgment in Regular Second Appeal No.1346 of 2009

Legal Issues

  1. 1 Whether suit for possession of shamilat deh land is maintainable before civil court
  2. 2 Whether civil courts have jurisdiction to adjudicate disputes relating to shamilat deh

Ratio Decidendi

Suit for possession and declaration of shamilat deh land is not maintainable before civil court; only the Collector is the competent forum for such grievances under Punjab Village Common Lands (Regulations) Act, 1961.

Court Disposition

appeal dismissed

Orders

  • Suit as framed and filed was not maintainable; appeal dismissed; parties to bear their own costs.