P&H: Dismisses appeal in dispute over village well site, says civil suit for injunction not barred by Village Common Lands Act

(i) Punjab Village Common Lands (Regulation) Act, 1961, S.13 — Jurisdiction of Civil Court — Mere assertion that property is public or common property does not by itself attract statutory bar — Mature of relief and controversy has to be examined — Suit for permanent...

(ii) Punjab Village Common Lands (Regulation) Act, 1961, S.13 — Jurisdiction of Civil Court — Civil Court cannot assume jurisdiction over matter expressly entrusted to authorities under Act — Bar cannot be invoked mechanically to oust ordinary civil jurisdiction in dispute between private parties where...

(iii) Punjab Village Common Lands (Regulation) Act, 1961, S.13, Civil Procedure Code, 1908, S.100 — Second Appeal — Reappreciation of evidence — Concurrent findings based on oral evidence, Jamabandi, site plans, Local Commissioner’s report and photographs cannot ordinarily be reopened unless shown to be perverse,...

(iv) Punjab Village Common Lands (Regulation) Act, 1961 — Well site — Plaintiffs discharged initial burden by leading positive oral and documentary evidence — Defendant’s plea that well site was his private property constructed by his ancestors required examination of competing evidence regarding location and...