SUPREME COURT OF INDIA

Before:- M.M. Punchhi, CJ., K.T. Thomas and M. Srinivasan, JJ.

Civil Appeal No. 5573 of 1990. D/d. 28.1.1998.

Gurbachan Singh - Appellants

Versus

Gram Panchayat - Respondents

Civil Procedure Code, Section 9 - Punjab Village Common Lands (Regulation) Act, Sections 13 and 11 - Jurisdiction of civil court - Question of title raised in civil suit - Section 13 puts a bar to Civil Court determining question of title - Party should approach Collector under Section 11.

[Para 1]

ORDER

K.T. Thomas, J. - This litigation has had a chequered history; the dispute confining to jurisdiction. The High Court has taken the view that the civil suit did not lie and that an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 will lie before the Collector of the district. In our view, the High Court was right in coming to that view especially when a question of title has been raised and Section 13 of the said Act puts a bar to the Civil court determining that question. We, therefore, dispose of this appeal in letting the appellants approach the Court of the Collector under Section 11 of the said Act.

2. Under interim orders of this Court dated 27.11.1990 the appellants were required to deposit a sum of Rs. 100 p.m. regularly. In terms of that order, the said sum was required to be deposited in the District Court. The sum thus collected be handed over to the respondent Gram Panchayat. This order would not, however, preclude the appellants from obtaining interim orders from the Collector when proceeding under Section 11 of the Act. In this manner, the appeal stands disposed of. No costs.

Appeal dismissed.