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april 1988

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.

BABU RAM & ORS. vs GRAM SABHA BUHAVI & ANR. · Niyam