18 of 1961 hereinafter referred to as the Act .
The trial companyrt framed an issue relating to its jurisdiction and tried it as a preliminary issue.
The learned Judge who heard the Revision petition came to the companyclusion that the issues involved in the suit were number triable by a civil companyrt by virtue of section 11 read with section 13 of the Act and accordingly he held that the suit was number maintainable before the civil companyrt.
571 of 1986.
7309 of 1986 From the Judgment and Order dated 16.4.1986 of the Punjab and Haryana High Court in Civil Revision No.
It held that since the question involved in the suit was simply one of title to the suit land and it was number necessary to decide whether the suit land was shamlat deh or number and whether the land had validly vested in the Panchayat or number being shamlat deh, it had jurisdiction to try the suit.
They instituted a suit in a representative capacity under Order 1 rule 8 of the Code of Civil Procedure in the Court of the Additional Senior Sub Judge, Barnala for a declaration that they were the owners in posses sion of the suit land along with some others, that the Gram Panchayat, Mehal Kalan, Tehsil Barnala, District Sangrur in the State of Punjab hereinafter referred to as the Panchayat had numbersort of right in the suit land and that the suit land had been wrongly shown as belonging to the Panchayat by the entries made in the revenue records which were number binding on the plaintiffs and for an injunction restraining the Panchayat from interfering their possession.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
Aggrieved by the said finding recorded by the trial companyrt, the Panchayat filed a revision petition before the High Court of Punjab and Haryana in Civil Revision Petition No.
571 of 1986.
The plaintiffs have preferred this petition before this Court under Article 136 of the Constitution of India requesting the Court to grant leave to prefer an appeal against the decision of the High Court.
Harbans Lal and G.K. Bansal for the Petitioners.
The Panchayat in the companyrse of its written statement inter alia pleaded that the Court before which the suit had been instituted had numberjurisdiction to try it by virtue of the provisions of section 13 of the Punjab Village Common Lands Regulation Act, 1961 Punjab Act No.
The Order of the Court was delivered by VENKATARAMIAH, J. The petitioners were plaintiffs.
