Under Section 21 of the Punjab Land Reforms Act, 1972, is a civil court's jurisdiction barred to try a suit for declaration that land is dedicated to a religious and charitable shrine?
Coram: Justice Vikram Nath · Justice Prashant Kumar Mishra
Punjab Land Reforms Act, 1972 — s.21 — Bar of jurisdiction — Religious and charitable land — Declaration suit — Punjab Land Reforms Act, 1972 — s.21 — Bar of jurisdiction — Confined to two categories — Held: Section 21 bars civil court jurisdiction only for suits for specific performance of a contract for transfer of land or challenges to the validity of a proceeding or order made under the Act — not a suit for declaration that land was dedicated to a religious and charitable shrine. High Court's order set aside; remitted for fresh consideration on merits. (¶6, 7, 8)
Under Section 21 of the Punjab Land Reforms Act, 1972, is a civil court's jurisdiction barred to try a suit for declaration that land is dedicated to a religious and charitable shrine?
No. Section 21 bars civil court jurisdiction only for two categories of suits — those for specific performance of a contract for transfer of land which affects the right of the State Government to the surplus area, and those questioning the validity of a proceeding or order made under the Act. A suit for declaration that land belonged to the religious and charitable shrine, with no challenge to the validity of any order under the Act, falls outside both categories and remains triable by the civil court.
Can a question of jurisdiction that was not pressed before the trial court, and not challenged before the first appellate court, be raised for the first time in a second appeal?
No. Where the issue of jurisdiction was not pressed by a party during the trial court proceedings, and that finding was not challenged before the first appellate court, the party is precluded from raising it for the first time in the second appeal before the High Court.
What did the Supreme Court finally decide in the appeal over the Dam Dama Sahib shrine land?
The Supreme Court set aside the High Court's order and remitted the matter to the High Court for fresh consideration on merits, in accordance with law. The appeal was allowed, with no order as to costs.
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The present appeal assails the correctness of the judgment and order dated 09.03.2010 passed by the High Court of Punjab & Haryana at Chandigarh in R.S.A No. 250 of 1983, whereby the High Court set aside the judgment and decree dated 25.9.1982 of the Additional District Judge, Hoshiarpur. The High Court held that the Civil Court's jurisdiction was barred under Section 21 of the Punjab Land Reforms Act, 1972.[^1]
The background of this case is as follows:
2.1 The appellants, followers of the religious shrine of Dam Dama Baba Sahib Singh of Una, filed a suit for declaration and perpetual injunction against the respondents and one Smt. Sangeet Kaur, daughter of Baba Madhusudan Singh Sahib Una. The appellants contended that the land detailed in the headnote of the plaint was dedicated to the religious and charitable institution Dam Dama Sahib of Una, under the management and supervision of Baba Madhusudan Singh.
2.2 The appellants pleaded that the shrine was worshipped by them and countless Sikhs. They asserted that Shri Kala Dhari, the founder of Una and a descendant of Baba Nanak, established the shrine, which was later managed by his successors. Shri Sahib Singh, the successor of Shri Kala Dhari, established another shrine at Quilla Jawahar Singh in Gujranwala (now in Pakistan), where followers gifted land for religious and charitable purposes. The income from these lands was used for maintaining the shrine and other charitable activities.
2.3 Upon the partition of India, 1440 kanals and 8 marlas of land were allotted to the Bedi families of Una in lieu of their land in Pakistan, including 735 kanals and 7 marlas allotted to Tikka Devinder Singh, a descendant of Baba Sahib Singh. The appellants argued that this land, though recorded in the name of Tikka Devinder Singh, was actually meant for the shrine and managed by Baba Madhusudan Singh.
2.4 The appellants claimed that despite not having the right to transfer the land, Baba Madhusudan Singh transferred 156 kanals and 8 marlas to the Agriculture Department of Punjab and 330 kanals and 14 marlas to his daughter, Sangeet Kaur. These transfers, the appellants contended, were illegal and not binding on the worshippers of the shrine.
2.5 The Government of Punjab initiated proceedings to declare part of this land as surplus. The Collector, Agrarian, Hoshiarpur, declared 20.0943 standard acres of the land as surplus on 28.06.1976. The appellants filed a suit for declaration and perpetual injunction, asserting that the land was of religious and charitable nature, and thus exempt under the Land Reforms Act. They sought a declaration that the land belonged to Dam Dama Sahib of Una and an injunction to prevent the respondents from transferring or declaring it surplus.
2.6 The Trial Court framed several issues for determination, including whether the Civil Court had jurisdiction to try the suit under Section 21 of the Land Reforms Act. The Trial Court noted that the issue of jurisdiction was not pressed by the defendants during the proceedings and, regardless, decided it in favour of the plaintiffs. After considering the evidence, the Trial Court dismissed the suit on 15.12.1980, holding that the appellants failed to prove that the land was dedicated to a religious and charitable institution.
2.7 Aggrieved by the dismissal, the appellants filed an appeal before the Additional District Judge, Hoshiarpur. The First Appellate Court, by judgment and decree dated 25.09.1982, partly allowed the appeal. The Appellate Court concluded that 133/290 share of the land in the suit was charitable and belonged to Dam Dama Baba Sahib Singh of Una. The court held that this share could not be declared surplus by the Collector and restrained the respondents from making further transfers of this share of the land.
The respondents, dissatisfied with the First Appellate Court's judgment, filed a Regular Second Appeal before the High Court of Punjab & Haryana. The High Court, vide its order dated 09.03.2010, set aside the judgment and decree of the Additional District Judge, holding that the Civil Court's jurisdiction was barred under Section 21 of the Land Reforms Act. The High Court emphasized that the appellants had not challenged the order declaring the land surplus before the appropriate authorities under the Act, and thus, the suit was not maintainable. The same has been challenged giving rise to the present appeal.
Having heard the arguments of both sides, this Court is of the opinion that the High Court fell in error in dismissing the suit primarily on the ground that the Civil Court's jurisdiction was barred by Section 21 of the Land Reforms Act.
It is pertinent to note that the issue of jurisdiction was not pressed by the respondents during the Trial Court proceedings. The Trial Court specifically recorded that the issue of jurisdiction was not pressed and decided it in favour of the plaintiffs. The respondents did not challenge this finding in the First Appellate Court, and hence, they were precluded from raising it in the second appeal before the High Court.
Section 21 of the Land Reforms Act reads as follows:
“21. Bar of jurisdiction. (1)Save as provided by or under this Act, the validity of any proceedings or order taken or made under this Act shall not be called in question in any court or before any other authority. (2)No civil court shall have jurisdiction to entertain any suit, or proceed with any suit instituted after the appointed day, for specific performance of a contract for transfer of land which affects the right of the State Government to the surplus area under this Act.”
Section 21 of the Land Reforms Act bars the jurisdiction of Civil Courts only in specific circumstances: (a) suits for specific performance of a contract for transfer of land, and (b) questioning the validity of any proceeding or order taken or made under the Act. The present suit does not fall under either of these two categories. The appellants' suit was essentially for a declaration that the land belonged to the religious and charitable shrine Dam Dama Sahib, and there was no challenge to the validity of any order under the Act. The Civil Court alone has the jurisdiction to decide and declare whether the land belonged to the religious shrine or to Tikka Devinder Singh in his personal capacity. The suit filed by the appellants was not a challenge to the validity of the surplus order but a suit for declaration regarding the ownership of the land.
In view of the above, the High Court's order is set aside. The matter is remitted back to the High Court for fresh consideration on merits in accordance with law.
The appeal is accordingly allowed as above.
There shall, however, be no order as to costs. ……………………………………J. (VIKRAM NATH) ……………………………………J. (PRASHANT KUMAR MISHRA)
NEW DELHI
JULY 09, 2024
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