Jiwana vs Mohinder Singh

S.P. Goyal, J. (Oral)

The respondent claiming himself to be the owner of the land in dispute on the basis of the order of the Assistant Collector Ist Grade dated June 20, 1972, whereby proprietary rights were conferred upon him filed a suit for a declaration that he was the owner in possession of the land in dispute and for permanent injunction restraining the defendant from alienating the same. Along with the suit, he also moved an application for ad interim injunction restraining the defendant from alienating the land in any manner during the pendency of the suit. The application was allowed by the trial Court and its order confirmed on appeal by the learned Additional District Judge. Still dissatisfied the defendant has come up in revision.

The only contention raised to challenge the impugned order was that the civil Court had no jurisdiction to decide about the question of title of the parties as both of them claim to have acquired the same under the provisions of the Punjab Security of Land Tenures Act coupled with Haryana Ceiling on Land Holdings Act. The contention is wholly misconceived. The plaintiff has claimed that he was allowed to purchase the land vide order dated 23rd March, 1972 and that order never having been set aside by any competent authority, all the subsequent orders passed were without jurisdiction. Such a suit would certainly be competent in Civil Court. Apart from that nothing was argued which could shown that the Courts below acted illegally or with material irregularity in the exercise of their jurisdiction in passing the impugned order. This petition, therefore, has no merit and is accordingly dismissed with costs.