LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/ujagar-singh-dead-thr-lrs-anr-vs-punjab-state-ors-20240709/ · Printed 07 Nov 2026
Civil · Reportable judgment

Ujagar Singh (Dead) Thr. Lrs. & Anr. vs Punjab State & Ors.

Court
Supreme Court of India
Date
9 July 2024
Case No.
Civil Appeal No.1365 of 2011
Result
Allowed
Bench
Vikram Nath, Prashant Kumar Mishra
Citation
[2024] 7 S.C.R. 611 : 2024 INSC 497
Acts & Sections
Punjab Land Reforms Act, 1972
Supreme Court Reports [2024] 7 S.C.R. 611 : 2024 INSC 497
Issue for consideration
Whether the High Court fell in error in dismissing the suit primarily on the ground that the Civil Court’s jurisdiction was barred by s.21 of the Punjab Land Reforms Act, 1972 when the issue of jurisdiction was not pressed by the respondents during the trial court proceedings.
Headnote

Punjab Land Reforms Act, 1972 – s.21 – Jurisdiction of Civil Courts, if barred – Appellants filed suit for declaration and perpetual injunction, asserting that the land in question was exempt under the Act – They sought declaration that the land belonged to the religious and charitable shrine Dam Dama Sahib of Una and an injunction to prevent the respondents from transferring or declaring it surplus – Trial Court dismissed the suit – First Appellate Court partly allowed appeal – High Court set aside the judgment of First Appellate court, holding that the Civil Court’s jurisdiction was barred u/s.21 of the Act – Correctness of:

Held: 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 before the first appellate Court, and, hence precluded from raising it in the second appeal before the High Court – s.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 – Matter remitted back to High Court for fresh consideration on merits. [Paras 5, 7, 8]

Keywords: Suit for declaration and perpetual injunction · Surplus land · Bar of jurisdiction of Civil Courts · Section 21 of the Land Reforms Act · Land dedicated to religious and charitable institution · Religious shrine · Dam Dama Baba Sahib Singh of Una · Transfer of land

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Bibhuti Bhushan Bose (With assistance from : Geethika. K, LCRA). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vikram Nath, J. 1. 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, 19721. 2. 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 d
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →