Supreme Court of India · 1988-04-06
BABU RAM & ORS. vs GRAM SABHA BUHAVI & ANR.
- Citation / case number
- SC 1978/90316
- Court
- Supreme Court of India
- Petitioner
- BABU RAM & ORS.
- Respondent
- GRAM SABHA BUHAVI & ANR.
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court held that under Section 13(a) of the Punjab Village Common Lands (Regulation) Act, 1961, civil courts are barred from adjudicating on whether land is shamilat deh or not, following the amendment by Haryana Act 2 of 1981 which deleted Section 13B with retrospective effect. The Court ruled that the Assistant Collector has the jurisdiction to decide the matter, and the appellants' claim of adverse possession cannot be entertained by the civil court. The appeal was dismissed, affirming the lower court's transfer of the case to the Assistant Collector.