V.K. Jhanji, J. - (1.) This Civil revision is directed against the judgment dated 10.2.1999 passed by District Judge, Narnaul vide which he has set aside the judgment and decree dated 24.2.1972 passed by Sub Judge 1st Class, Mohindergarh and ordered the return of plaint to the plaintiff for presentation to a Court of competent jurisdiction in view of the provisions of Sec. 13 of Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act).
(2.) In brief, the facts are that on 23.5.1968 plaintiffs -petitioners on their behalf and also on behalf of the proprietors of the village Jhagroli Tehsil and District Mohindergarh filed Civil Suit No. 103 of 23.5.1968 for possession of agricultural land measuring 2421 Kanals 14 Marias situated in village Jhagroli on the ground that they being the proprietors of the village are the owners of the said land and Gram Panchayat has wrongly got attested the mutation in its favour on May 3, 1966. Plaintiffs also pleaded that the Gram Panchayat has taken forcible possession of the land in dispute and, therefore, they being the proprietors are entitled to possession of land.
(3.) Upon notice, suit was contested by the Gram Panchayat inter -alia on the ground that the land in dispute : is Shamilat Deh and vests in Panchayat. Sub Judge 1st Class, Mohindergarh, after recoding the evidence of the parties, passed a decree for possession in favour of the plaintiffs on 24.2.1972. Against the said judgment and decree, Gram Panchayat filed an appeal in the Court of District Judge, Narnaul on March 13, 1972. The said appeal was entrusted to Senior Subordinate Judge with enhanced appellate powers for decision. During the pendency of the appeal, an amendment came in 1963 Act and Sec. 13 -B was inserted by Sec. of the Amendment Act. In view of Sec. 13 -B, Senior Subordinate Judge with enhanced appellate powers, on finding that the dispute in question can be decided only by the Collector under the Act, transferred the appeal filed by the Gram Panchayat to the Collector, Mohindergarh at Narnaul vide order dated 22.4.1975.;