Holding

Section 13 read with Section 10‑A bars civil court jurisdiction to entertain the suit, so the High Court’s decision is reversed.

Summary

The respondents filed a suit in a civil court challenging the validity of a ten‑year lease of village common land granted by the Gram Panchayat and the legality of the auction. The trial court dismissed the suit on the ground that Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, read with Section 10‑A, bars civil court jurisdiction over such matters, but the First Appellate Court reversed that decision. On second appeal, the High Court upheld the appellate court’s view, prompting the appellant to approach the Supreme Court. The Supreme Court held that any question concerning violation of the Act or the Rules, including the legality of a lease, must be decided by the Assistant Collector of the First Grade, and therefore civil courts are statutorily excluded from jurisdiction under Section 13(b) and (c). Consequently, the High Court’s order was set aside, the trial court’s dismissal restored, and the appeal allowed. The Court also observed that while the lease may be illegal, it is not a nullity.

Issues considered

Whether Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, read with Section 10‑A bars the jurisdiction of civil courts to entertain a suit challenging the validity of a lease granted by a Panchayat.
Whether the alleged illegal lease constitutes a nullity that would permit civil court intervention.
Whether the respondents can seek redress under the alternative remedy provided by the Act.

Legislation cited

Code of Civil Procedure, 1908s. 9
Punjab Village Common Lands (Regulation) Act, 1961s. 10-A, s. 13

Subjects

jurisdictioncivil courtPunjab Village Common Lands Actlease validitypanchayatSection 13Section 10-AAssistant Collectorrevenue jurisdictionillegal lease

Judgment

DHRUV GREEN FIELD LTD. A
~

HUKAM SINGH AND ORS.

AUGUST 5, 2002

[SYED SHAH MOHAMMED QUADRI AND S.N. VARIAVA, JJ.] B

Punjab Village Common Lands (Regulation) Act, 1961-Section 13
read with Section I DA-Jurisdiction ofcivil court to entertain suit challenging
validity of lease of land granted by Panchayat-Whether barred-Held yes, C
since validity of lease of land is required to be decided by the revenue
officer-Jurisdiction of civil court is barred in respect of such matters.

Respondents filed a suit challenging the validity of the lease of land
granted by Panchayat and also the legality of auction. Trial Court dismissed
the suit holding that the civil court has no jurisdiction to entertain and try D
the suit However, First Appellate Court decreed the suit holding that the civil
court has jurisdiction. Aggrieved, appellant filed second appeal which was
dismissed. Hence the present appeal.

Appellant contended that as the validity of the lease is required to be
decided by the Assistant Collector of the First Grade under Section 10-A(2)(iii) E
of the Act, the jurisdiction of the civil court is barred by Section 13 thereof.

Respondents contended that a lease of land could be granted only for a
period not exceeding five years under the Punjab Village Common Lands

-i
(Regulation) Rules, 1964 but the impugned lease was granted for ten years
and that though the auction notice was required to be issued fifteen days prior
to the date of the auction, all the three notices for auction for lease of the suit
land, were not in conformity with sub-rule (10) of Rule 6, being for a shorter
F

period, as such the lease granted by the Gram Panchayat would be wholly
illegal, void and without any legal consequence and, therefore, the civil court
would have jurisdiction to entertain the suit
G
-1 Allowing the appeal, the Court

HELD: 1.1. From a combined reading of sub-sections (1) and (2) of
Section 10-A of the Punjab Village Common Lands (Regulation) Act, 1961 it

' is clear that any matter which raises the issue of violation of the provisions
of the Act or the Rules made thereunder including the question of lease being
449
H
450 SUPREME. COURT REPORTS [2002] SUPP. l S.C.R.

A entered into as a result of fraud or concealment of facts or even otherwise
detrimental to the interests of the Panchayat as prescribed, is required to be
decided by the Assistant Collector of the First Grade. Jn view of the provisions
of Section 13(b) in respect of any matter which any revenue court, officer or
authority is empowered by or under this Act to determine; or Section 13(c) to
B question the legality of any action taken or matter decided by any revenue
court, officer or authority empowered to do so under the Act, the jurisdiction
of the civil court to entertain and adjudicating such questions is clearly barred.
(457-B-D; 454-E, F]

1.2. Jn the instant case, High Court erred in upholding the order of the
C First Appellate Court that the Civil court has jurisdiction to entertain and
adjudicate the said questions in the suit. Thus, the order of High Court is.set
aside. However, this will not preclude the respondents-plaintiffs from seeking
redressal from appropriate authority under the Act. [457-E, F]

2. On the facts and circumstances of the case the grant of impugned
D lease might be termed as illegal but it cannot be said to be nullity. [457-D]

Mis. Kama/'a Mills Ltd. v. State of Bombay, AIR (1965) SC 1942 and
Lala Ram Swarup and Ors. v. Shikar Chand and Anr., (1966) 2 SCR 553,
referred to.

E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4565 of2002.

From the Judgement and Order dated 16.8.2001 of the High Court of
Punjab and Haryana in S.A.O. 28/2000.

F
Manoj Swarup and Hiren Dasan for the Appellant.

Avijit Bhattacharjee, Vijay Sharma and Atanu Saikia for the Respondent.
-
(.----

The Judgment of the Court was delivered

SYED SHAH MOHAMMED QUADRI J. Heard the learned counsel for
the parties.
G '
t.-
Leave is granted.

The judgment and order of a learned Single Judge of the High Court of r
• This Act was made applicable to the State of Haryana by the Haryana Adaptation of l
H Laws (State and Concurrent Subjects), Order, 1968. ,,_
DHRUV GREEN FIELD v. HUKAM SINGH [SYED SHAH MOHAMMED QUAD RI, I.] 45 J
Punjab and Haryana at Chandigarh in S.A.0. No.28 of2000, made on August A
J6, 200 I, is assailed in this appeal filed by the first defendant in the suit.

The short question that arises for our consideration is: whether
provisions of Section 13 read with Section 10-A of the Act bar jurisdiction
of a civil court to entertain the suit filed by the respondents.
B
The factual matrix giving rise to the question may be noticed here. The
appeal arises out of the suit filed by respondents (plaintiffs), in representative
capacity, challenging the validity of the lease of land measuring 280 kanals
situated within the revenue estate of village Madnaka, Tehsil Hathin, District
Faridabad (for short, the suit land), granted by the Gram Panchayat Madnaka
for a period of 10 years for Rs.IO lacs in favour of the appellant on October C
J, 1997. It is alleged that the lease is in violation of the provisions of Punjab
Village Common Lands (Regulation) Act, l 961 (referred to in this judgment as
'the Act') and the Rules made thereunder. The plea of the appellant (defendant),
inter a/ia, is that the civil court has no jurisdiction to entertain the suit in
view of the provisions of Sections 10-A and 13 of the Act. D
On July 26,2000, the learned trial judge dismissed the suit holding that
the civil court has no jurisdiction to entertain and try the suit. However, on
appeal the First Appellate Court took the view that the civil court did have
jurisdiction and accordingly allowed the appeal decreeing the suit of the
respondents by its judgment and decree dated September 5, 2000, which was E
assailed in Second Appeal, SAO No. 28 of2000, in the High Court of Punjab
-1 & Haryana at Chandigarh by the appellant herein. The second appeal was
dismissed on August 16, 200 I. That judgment and decree of the High Court
are under challenge in this appeal.

F
' The main contention urged by Mr. Manoj Swarup, the learned counsel
for the appellant, is that as the validity of the lease is required to be decided
by the Assistant Collector of the First Grade under Section 10-A(2)(iii) of the
Act, the jurisdiction of the civil court is barred by Section 13 there of. Mr.
Avijit Bhattacharjee. The learned counsel for the respondents, invited our
attention to the provisions of sub-rule (2) and sub-rue (10) of Rule 6 of the G
Punjab Village Common Lands (Regulations) Rules, 1964 (for short, 'the Rules')
and contended that inasmuch as a lease of land could be granted only for
a period not exceeding five years under the Rules but the impugned lease was
granted for ten years and that though the auction notice was required to be
issued fifteen days prior to the date of the auction, all the three notices for
auction for lease of suit land, were not in conformity with sub-rule (JO), being H
452 SUPREME COURT REPORTS [2002) SUPP. 1 S.C.R.

A for a shorter period, as such the lease granted by the Gram Panchayat would
be wholly illegal, void and without any legal consequence and, therefore, the
civil court would ha".t: jurisdiction to entertain· the suit and adjudicate the
disputes raised therein.

The jurisdiction of the courts to try all suits of civil nature is very
B expansive as is evident from the plain language of Section 9 of the Code of
Civil Procedure.* This is because of the principle 'ubi' jus ibi remedium. **
It is only where cognizance of a specified type of suit is barred by a statute
either expressly or impliedly that the jurisdiction of the civil court would be
ousted to entertain such a suit. The general principle is that a statute excluding
C the jurisdiction of civil courts should be construed strictly.

The question when and in what circumstances, can a suit of civil nature
be said to be barred by a special statute, is no longer res integra. Mis.
Kamala Mills Ltd. v. State of Bombay, AIR (1965) SC 1942, a seven-judge
Bench of this Court laid down the principle thus:
D
"The question about the exclusion of the jurisdiction of civil courts .....
either expressly or by necessary implication must be considered, in
every case, in the light of the words used in the satutory provision
on which ·the plea is rested, the scheme of the relevant provisions,
their object and their purpose.
E
Whenever a plea is raised before a civil court that its jurisdiction
is excluded either expressly or be necessary implication to entertain
claims of a. civil nature, the Court naturally feels inclined to consider
whether the remedy afforded by an alternative provision prescribed
by a special statute is sufficient or adequate. Where the exclusion of
F the civil court's jurisdiction is expressly provided for, the consideration t
* 9. Courts to try all civil suits unless barred.- The Courts shall (subject to the provisions
herein contained) have jurisdiction to try all suits of a civil nature excepting suits of
which their cog;nizance is either expressly or impliedly barred.

Explanation-I . A suit in which the right to property or to an office is contested is a
G suit of a civil nature, notwithstanding that such right may depend entirely on the decision
of questions a!. to religious rites or ceremonies.

Explanation- II. For the purposes of this section, it is immaterial whether or not any
fees are attached to the office referred to in Explanation. I or whether or not such
office is reached to a particular place.

H ** Where there is a right there is a remedy.
DHRUV GREEN FIELD v. HUKAM SINGH [SYED SHAH MOHAMMED QUAD RI, J.] 453
as to the scheme of the statute in question and the adequacy or the A
sufficiency of remedies provided for by it may be relevant, it cannot
however, be decisive, But when exclusion is pleaded as a matter of
necessary implication. Such considerations would be very important,
and in conceivable circumstances, might even become decisive. If a
statute creates a special right or a liability and provides for the
determination of the right and liability to be dealt with by tribunals B
specially constituted in that behalf, and it further lays down that all
questions about the said right and liability shall be determined by the
tribunals so constituted, it is pertinent to enquire whether remedies,
normally associated with actions in civil courts are prescribed by the
said statute or not" c
That judgment was followed in Lala Ram Swarup and Ors. v. Shikar Chand
and Anr., (1966] 2 SCR 553. There Gajendragadkar, CJ. speaking for a
Constitution Bench of this Court formulated the following tests:

"The two tests, which are often considered relevant in dealing with. D
the question about the exclusion of civil courts' jurisdiction are (a)
whether the special statute which excludes such jurisdiction has used
clear and unambiguous wounds indicating that intention, and (b) does
that statute provide for an adequate and satisfactory alternative remedy
to a party that may be aggrieved by the relevant order under its
material provisions. Applying these tests the inference is inescapable E
that the jurisdiction of the civil courts is intended to be excluded,

xxx xxx xxx

The bar excluding the jurisdiction of civil courts cannot operate in
cases where the plea raised before the civil court goes to the root of F
the matter and would, if upheld, lead to the conclusion that the
impugned order is a nullity."
•
In the light of the above discussion, the following principles may be re-
stated:
G
(I) If there is express provision in any Special Act barring the jurisdiction
of a civil court to deal with matters specified thereunder the jurisdiction of
an ordinary civil court shall stand excluded.

(2) If there is no express provision in the Act but an examination of the
provisions contained therein lead to a conclusion in regard to exclusion of H
454 SUPREME COURT REPORTS [2002) SUPP. l S.C.R.

A jurisdiction of a civil court, the Court would then inquire whether any adequate
and efficacious alternative remedy is provided under the Act; if the answer
is in the affirmative, it can safely be concluded that the jurisdiction of the civil
court is barred, If however, no such adequate and effective alternative remedy
is provided then exclusion of the jurisdiction of civil court cannot be inferred.

B (3) Even in cases where the jurisdiction of a civil court is barred expressly
or impliedly the court would nonetheless retain its jurisdiction to entertain
and adjudicate the suit provided the order complained of is a nullity.

In the light of the above discussion we shall proceed to examine the
C relevant provisions of the Act in this case.
It would be apt to refer to Section 13 of the Act which bars the suit.
The said provision reads as under:

"13. Bar of Jurisdiction- No civil court shall have jurisdiction:-

D (a) To entertain or adjudicate upon any question whether-

(i) any land or other immovable property is or is not shamlat deb.

(ii) Any land or other immovable property or any right, title or
interest in such land or other immovable property vests orders
not vest in a Panchayat under this Act.
E
(b) in respect of any matter which any revenue court, officer or
authority is empowered by or under this Act to determine; or

(c) to question the legality of any action taken or matter decided by
any revenue court officer or authority empowered to do so under this
F Act."

A perusal of the section, quoted above, would show that the jurisdiction of
a civil court stands ousted: (a) to entertain or adjudicate upon any of the
following questions: (i) any land or other immovable property is or is not
G shamlat deh. (ii) any land or other immovable property or any right, title or
interest in such land or other immovable property vests or does not vest in
a Panchayat under the Act; (b) in respect of any matter which any revenue
court, officer or authority is empowered by or under this Act to determine,
or (c) to question the legality of any action taken or matter decided by any
revenue court, officer or authority empowered to do so under the Act. Clauses
H (b) and (c), noted above, are relevant for our purpose. In respect of any matter
DHRUV GREEN FIELD v. HUKAM SINGH [SYED SHAH MOHAMMED QUAD RI, J.] 455
which any revenue court, officer or authority is empowered by or under the A
Act to determine the issue, the jurisdiction of the civil court in respect of that
matter is bared. So also, where the Act empowers any revenue court, officer
or authority to decide the legality of any action taken or matter decided by
such court or authority such a question cannot be entertained or adjudicated
upon by a civil court.
B
In regard to a claim falling under Section 13 (a)(i), this Court in Babu
Ram and Ors. v. Gram Sabha Bahavi and Anr., [1988] Suppl. SCC 485 held
that the jurisdiction of the civil courts was barred.

It is well-settled that the averments and relief claimed in the plaint
determine the jurisdiction of the court. We have perused the plaint and the C
relief claimed there. The respondents-plaintiffs prayed for the following relief
in the suit:

"that a decree for declaration to the effect that the auction dated
September I, 1997 in respect of the suit land mentioned in para No. I D
of the plaint is illegal, unlawful, ineffective, inoperative, sham, bogus,
null and void, liable to be cancelled and is not binding on the plaintiffs
and other inhabitants of village Madnaka being done by way of fraud,
may kindly be passed in favour of the plaintiffs and against the
defendants with costs of suit. As a consequential relief of said
declaration, a decree for permanent injunction restraining the E
defendants from cutting away the green trees and lifting way the lying
green trees from the suit land and also from digging any pond in the
suit land, may kindly be passed in favour of the plaintiffs and against
the defendants or any other relief which the Hon 'hie Court deems
proper be also awarded to the plaintiffs." F
It may be recalled that the legality of auction and grant of lease of the
suit and by the Panchayat are challenged as being in violation of sub-rules
(2) and (IO) of Rule 6 of the Rules. Now that takes us to the question whether
such disputes are required to be decided by any revenue court, officer or
authority under the Act. G
1
We may notice Section IO-A of the Act which deals with the power of
the Assistant Collector of the First grade in Haryana to cancel or vary sale
or lease etc. of land vested in Panchayats which is as under:

"Section JO-A (As in Haryana) Power of Assistant Collector of the H
456 SUPREME COURT REPORTS (2002] SUPP. I S.C.R.

A First grade in Haryana. To cancel or very sale or lease etc. of land
voted in Panchayats-

(1) Notwithstanding anything contained in this Act or the Shamilat
Law or in any other law for the time being in force, the Assistant
Collector of the First Grade in Haryana may call for, from any Panchayat
B in the area of his jurisdiction the record of any (sale in Haryana lease,
contract of agreement entered into by the Panchayat in respect of
any land vested or deemed to be vested in it, whether such (sale in
Haryana) lease, contract or agreement is entered into before or after
the commencement of the Punjab Village Common Lands Regulation)
Amendment Act, 1964 and examine such record for the purpose of
c satisfying himself as to the legality or proprietory of such sale, lease,
contract or agreement.

(2) Where, on examination of the record under sub- section (I) and
after making such inquiry, if any, as he may deem fit, the Assistant
Collector of the First Grade in Haryana is satisfied that such sale,
D
lease, contract or agreement-

(i) has been entered into, in contravention of any of the provisions
of this Act or the rules made thereunder; or
(ii) has been entered into as a result of fraud or concealment of facts:
E or
(iii) is detrimental to the interests of the Panchayat as prescribed:

the Assistant Collector of the First Grade may, notwithstanding
anything as aforesaid, cancel the sale, lease, contract or agreement or
vary the terms thereof, unconditionally or subject to such conditions
F as he may think fit:

Provided that no order under this sub-section shall be passed by the
Assistant Collector of the First Grade without affording an opportunity
of being heard to the parties to the sale, lease, contract or agreement"

G A plain reading of Section I 0-A, extracted above, shows that the Assistant
Collector of the First Grade is empowered to call for record of any sale, lease, \
contract or agreement entered into by the Panchayat in respect of any land
vested or deemed to be vested in it (whether such sale, lease, contract or
agreement is entered into before or after the commencement of the Act ) and
H examine such record for the purpose of satisfYing himself as to the legality
DHRUV GREEN FIELD'· HUKAM SINGH [SYED SHAH MOHAMMED QUADRI, J.] 457

or proprietary of such sale, lease, contract or agreement which has been A
entered into in contravention of any of the provisions of the Act or the rules
made thereunder or has been entered into as a result of fraud or concealment
.. of facts or is detrimental to the interests of the Panchayat as prescribed .
Notwithstanding anything as aforesaid, the Assistant Collector of the First
Grade may cancel the sale, lease, contract or agreement or vary the terms
thereof unconditionally or subject to such conditions as he may think fit. The B
proviso appended to sub-section (2) obliges the Assistant Collector of the
First Grade to afford an opportunity of being heard to the parties to the sale,
lease, contract or agreement before making an order under sub-section (2).
From a combined reading of sub-section (I) and (2) of Section 10-A, it is clear
that any matter which raises the issue of violation of the provisions of the C
Act or the Rules made thereunder including the question of lease being
entered into as a result of fraud or concealment of facts or even otherwise
detrimental to the interests of the Panchayat as prescribed, is required to be
decided by the Assistant Collector of the First Grade. In view of the provisions
of Section 13 of the Act, referred to above, the jurisdiction 0f the civil court
to entertained adjudicating such questions is clearly barred. We may add that D
on the facts and in the circumstances of the case grant of impugned lease
might be termed as illegal but it cannot be said to be nullity.

It follows that the High Court erred in upholding the order of the First
Appellate Court that the Civil Court has jurisdiction to entertain and adjudicate E
the said questions in the suit. The impugned judgment and decree of the High
Court confirming the judgment and decree of the First Appellate Court are,
therefore, set aside and the judgment and decree of the Trial Court are
restored. We, however, hasten to add that this judgment does not preclude
he respondents-plaintiffs from seeking redressal from appropriate authority
under the said Act. The appeal is accordingly allowed. On the facts and in F
the circumstances of the case. We make no order as to costs.

NJ. Appeal allowed.