BABU RAM & ORS. versus GRAM SABHA BUHAVI & ANR.

Citation: [1988] 3 S.C.R. 436 · Decided: 06-04-1988 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Dismissed

Judgment (excerpt)

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B 
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BABU RAM & ORS. 
v. 
GRAM SABHA BUHA VI & ANR.. 
APRIL 6, 1988 
[RANGANATH MISRA AND MURARI MOHON DUTI, JJ.] 
Punjab Village Common Lands (Regulation) Act, . 1961: ss. 
13(a)(i), 13(a)(ii) and 13B-Effect of amendment by Haryana Act 2 of 
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1981 omitting s.' 13B with retrospective effect-Civil Court barred from J 
adjudicating upon question whether any land or immovable property is 
C or is not Shami/at deh-Shamilat deh in adverse possession-Civil 
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Court whether has jurisdiction to determine ownership . 
. Section 13B of the Punjab Village Common Lands (Regulation) 
Act, 1961 inserted therein by the Haryana Act 34 of 1974 mandated 
D transfer' of all suits pending in any civil court against the panchayat 
relating to the question as to whether the suit land was excluded from 
the ambit or shamilat deh, to and institution or fresh proceedings in 
such cases before the Assistant Collector having jurisdiction over the 
village. 
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The suit filed by the appellants for a declaration that they were 
the owners of the land in dispute in their possession and that the respon· 
dent Gram Sabha had nothing to do with the same, was transferred by 
the trial court to the Assistant Collector under s. 13B of the Act. The 
revision,.application filed by them was dismissed by theHigh Court •. 
F '· 
During the pendency of the appeal by special leave in this Court 
the .Act was further amended by Act 2 of 1981 deleting s. 13B with 
retrospective effect from November 12, 1974. Amended s; 13(a) barred 
jurisdiction of civil courts to entertain or adjudicate upon the question 
(i) whether any land or other immovable property is or is not shamilat 
de.h, and (ii) whether the suit land· vests or does not vest in the 
G Panchayat. 
It was contended for the appellants that there was no dispute as to 
the question whether the suit land was shamilat deh or not. The only 
question that has to be decided in the suit was whether the appellants 
had acquired title to the suit land by adverse possession, and therefore, 
H s. 13(a)(i) was not applicable. 
436 
BABU RAM v. GRAM SABHA BUHAVI [DUTT, J.] 
437 
; . 
Dismissing the appeal, 
HELD: The suit instituted by the appellants cannot be heard and 
disposed of by the civil court. The Assistant Collector to whom the suit 
has been transferred has jurisdiction to dispose of the same in accord-
ance with the provisions of the Act as amended. [440AB) 
The trial court had transferred the suit to the Assistant Collector 
on a finding that the controversy between the parties related to the 
question as to whether the suit land was excluded from the ambit of 
shamilat deh as defined in s. 2(g) of the Act. The said finding has not 
been challenged either before the High Court or in the special leave 
A 
B 
~ petition. Therefore, the civil court will have no jurisdiction to try the 
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suit instituted by the appellants involving the decision on the question as 
contained ins. 13(a)(i) of the Act. [439F-G] 
Even assuming that s. 13(a)(i) is not applicable and that the ques-
tion to be decided in the suit is whether the appellants had acquired title 
to the suit land which is Shami/at deh within the meaning.of s. 2(g) of 
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the Act, still the civil court will have no jurisdiction to try the suit in 
view of s. 13(a)(ii) of the Act, for the question would be whether the suit 
land vests or does not vest in the Gram Sabha. [439H, 440A] 
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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 195 I 
of 1978. 
From the Judgment and Order dated 27.4.1977 of the Punjab and 
Haryana High Court in Civil Revision No. 869 of 1975. 
Harbans Lal and S.K. Mehta for the Appellants. 
Ashok Grover for the Respondents. 
The Judgment of the Court was delivered by 
E 
F 
DUTT, J. In this appeal by special leave the appellants have 
challenged the constitutional validity of section 13B of the Punjab 
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Village Common Lands (Regulation) Act, 1961, hereinafter referred 
to as 'the Act'. 
Section 13B of the Act, as it stood before its amendment, pro-
vides inter alia that all suits pending in any Civil Court in respect of any 
land or other immovable property wherein relief has been claimed on 
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438 
SUPREME COURT REPORTS 
I 1988) 3 S.C.R. 
A the ground of its being excluded from shamilat deh under clause (g) of' 
section 2 or on any of the grounds mentioned in sub-section (3) of '1 
section 4 of the Act against the Panchayat, shall stand transferred to \ 
and the fresh proceedings for seeking relief on

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