- (1.) Appellant filed the instant suit seeking the following relief:- Suit for declaration with a consequential relief of permanent injunction to the effect that the plaintiff and proforma-defendants are owners and in possession of agriculture land bearing rect. No.22 Killa No.17 (5-13) comprised in khewat No.149 min, khatoni No.271 min, vide jamabandi for the year 1988-89 relating to village khanda Tehsil and District Jind. Defendant No.1 (Gram Panchayat has no right, title or interest in any manner whatsoever with the same and Fard Badar No.28 dated 12.9.1989 for the year 1988-89 of village Khanda Tehsil and District Jind, whereby the agriculture land (suit land) comprised in Khewat No.6 rect.No.22 Killa No.27 (5-13), of village Khanda Tehsil and District Jind, has been shifted to Khewat No.149 in the name of defendant No.1 by defendant No.2, is illegal, null and void and not binding on rights of the plaintiff and proforma defendant and now plaintiff sole is in actual, and physical, cultivating possession over the said agriculture land and defendants have no concern with the suit land in any manner and said Fard Badar No.28 dated 12.9.1989 of village Khanda Tehsil and District Jind, is liable to be set aside and cancelled and said land is liable to be shifted under the ownership in the revenue records in the name of plaintiff and proforma defendants and all the name of plaintiff and proforma defendants and all the revenue records like as jamabandi, mutation, Fard-Badar, Khasra-Girdawaries relating to said agriculture Land since 12.9.1989 till date are liable to be corrected in favour of plaintiff and proforma defendants and consequently for permanent injunction restraining the defendants from in any way interfering into peaceful, lawful, cultivating possession of the plaintiff over the said land now or in future.
(2.) The suit was contested by defendants No.1 and 2 raising various preliminary objections including that Civil Court has no jurisdiction to try and decide the present suit.
(3.) On the basis of the pleadings of the parties, following issues were framed:- 1. Whether plaintiff and proforma defendants are owners in possession of the suit land? OPP. 2. Whether Fard Badar No.28 dated 12.9.1989 by which suit land has been shifted in the name of defendant No.1 by defendant No.2 is illegal, null and void and not binding on the rights of plaintiff and proforma defendants? OPP. 3. Whether subsequent revenue entry of the suit land are liable to be corrected in the name of plaintiff and proforma defendants? OPP 4. Whether plaintiff is entitled to the relief of permanent injunction restraining the defendant from interfering in his peaceful possession over the suit land? OPP. 5. Whether suit of plaintiff is within limitation? OPP 6. Whether suit of the plaintiff is barred under Section 80 C.P.C.? OPD 7. Whether Civil Court has no jurisdiction to try and decide the present suit under Section 13 of Punjab Village Common Lands (Regulation) Act? OPD. 8. Whether plaintiff has concealed material facts from the Court, if so its effect? OPD. 9. Relief.;