UJAGAR SINGH (DEAD) THR. LRS. & ANR. versus PUNJAB STATE & ORS.

Citation: [2024] 7 S.C.R. 611 · Decided: 09-07-2024 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Case Allowed

Judgment (excerpt)

[2024] 7 S.C.R. 611 : 2024 INSC 497
Ujagar Singh (Dead) Thr. Lrs. & Anr. 
v.  
Punjab State & Ors.
(Civil Appeal No.1365 of 2011)
09 July 2024
[Vikram Nath* and Prashant Kumar Mishra, JJ.]
Issue for Consideration
Whether the High Court fell in error in dismissing the suit primarily 
on the ground that the Civil Court’s jurisdiction was barred by 
s.21 of the Punjab Land Reforms Act, 1972 when the issue of 
jurisdiction was not pressed by the respondents during the trial 
court proceedings.
Headnotes†
Punjab Land Reforms Act, 1972 – s.21 – Jurisdiction of Civil 
Courts, if barred – Appellants filed suit for declaration and 
perpetual injunction, asserting that the land in question was 
exempt under the Act – They sought declaration that the land 
belonged to the religious and charitable shrine Dam Dama 
Sahib of Una and an injunction to prevent the respondents 
from transferring or declaring it surplus – Trial Court dismissed 
the suit – First Appellate Court partly allowed appeal –  High 
Court set aside the judgment of First Appellate court, holding 
that the Civil Court’s jurisdiction was barred u/s.21 of the 
Act – Correctness of:
Held: The issue of jurisdiction was not pressed by the respondents 
during the Trial Court proceedings – The Trial Court specifically 
recorded that the issue of jurisdiction was not pressed and decided 
it in favour of the plaintiffs – The respondents did not challenge 
this finding before the first appellate Court, and, hence precluded 
from raising it in the second appeal before the High Court – s.21 
of the Land Reforms Act bars the jurisdiction of Civil Courts only 
in specific circumstances – (a) suits for specific performance of 
a contract for transfer of land, and – (b) questioning the validity 
of any proceeding or order taken or made under the Act – The 
present suit does not fall under either of these two categories – 
* Author
612
[2024] 7 S.C.R.
Digital Supreme Court Reports
The appellants’ suit was essentially for a declaration that the land 
belonged to the religious and charitable shrine Dam Dama Sahib, 
and there was no challenge to the validity of any order under the 
Act – The Civil Court alone has the jurisdiction to decide and 
declare whether the land belonged to the religious shrine or to 
Tikka Devinder Singh in his personal capacity – The suit filed by 
the appellants was not a challenge to the validity of the surplus 
order but a suit for declaration regarding the ownership of the 
land – Matter remitted back to High Court for fresh consideration 
on merits. [Paras 5, 7, 8]
List of Acts
Punjab Land Reforms Act, 1972.
List of Keywords
Suit for declaration and perpetual injunction; Surplus land; Bar of 
jurisdiction of Civil Courts; Section 21 of the Land Reforms Act; 
Land dedicated to religious and charitable institution; Religious 
shrine; Dam Dama Baba Sahib Singh of Una; Transfer of land.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1365 of 2011
From the Judgment and Order dated 09.03.2010 of the High Court of 
Punjab & Haryana at Chandigarh in RSA No. 250 of 1983
Appearances for Parties
P.S. Patwalia, Sr. Adv., Ms. Diya Kapur, Mrs. Pragya Baghel, Raghav 
Kumar, Aditya Ladha, Ms. Gahena Gambani, Vishal Banshal, Advs. 
for the Appellants.
Ms. Bhakti Pasrija, D.A.G., Karan Sharma, Moksh Pasrija, Ms. 
Princy Sharma, Rishabh Sharma, Ms. Urvi Kashiwal, Advs. for the 
Respondents.
Judgment / Order of the Supreme Court
Judgment
Vikram Nath, J.
1.	
The present appeal assails the correctness of the judgment and 
order dated 09.03.2010 passed by the High Court of Punjab & 
Haryana at Chandigarh in R.S.A No. 250 of 1983, whereby the High 
[2024] 7 S.C.R. 
613
Ujagar Singh (Dead) Thr. Lrs. & Anr. v. Punjab State & Ors.
Court set aside the judgment and decree dated 25.9.1982 of the 
Additional District Judge, Hoshiarpur. The High Court held that the 
Civil Court’s jurisdiction was barred under Section 21 of the Punjab 
Land Reforms Act, 19721.
2.	
The background of this case is as follows:
2.1	 The appellants, followers of the religious shrine of Dam Dama 
Baba Sahib Singh of Una, filed a suit for declaration and 
perpetual injunction against the respondents and one Smt. 
Sangeet Kaur, daughter of Baba Madhusudan Singh Sahib Una. 
The appellants contended that the land detailed in the headnote 
of the plaint was dedicated to the religious and charitable 
institution Dam Dama Sahib of Una, under the management 
and supervision of Baba Madhusudan Sing

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