JASWANT SINGH, J. - (1.) Defendants-petitioners have filed the instant revision petition under Article 227 of the Constitution of India laying challenge to the order dated 13.10.2010 passed by learned Additional Civil Judge (Senior Division)Sultanpur Lodhi, whereby their application under Order 7 Rule 11 CPC for rejection of plaint was dismissed.
(2.) Briefly noticed, the plaintiffs-respondents filed a suit for permanent injunction against defendants-petitioners for restraining them from discharging the dirty and rainy water of their land/making any water pond/chhapar over the land in dispute comprised in khewat no. 165, khatoni no.289 bearing khasra no.57 as per Jamabandi for the year 2006-07 situated in Village Aminpur, Tehsil Sultanpur Lodhi.
(3.) Petitioners-defendants filed an application under Order 7 Rule 11 CPC stating therein that the suit land was recorded as ownership of Jumla Malkan under the management and control of Gram Panchayat. It was further averred that respondents-plaintiffs were claiming ownership over the suit land and as per provisions of the Punjab Village Common Lands Act (for short the Act), such matters can only be decided by Collector, Panchayat Lands and hence jurisdiction of Civil Courts is barred under Section 13 of the Act. It was accordingly prayed that the plaint be rejected.;