Appeal challenges the judgment dated 09.03.2010 by the High Court of Punjab & Haryana, which set aside the 25.09.1982 judgment by the Additional District Judge, Hoshiarpur. The High Court ruled that the Civil Court's jurisdiction was barred under Section 21 of the Punjab Land Reforms Act, 1972. The appellants, followers of Dam Dama Baba Sahib Singh of Una, filed for declaration and perpetual injunction against the respondents and Smt. Sangeet Kaur, claiming that the disputed land was dedicated to the shrine and managed by Baba Madhusudan Singh. Despite the Trial Court dismissing the suit, the First Appellate Court partly allowed the appeal, declaring a portion of the land as charitable. The High Court later overturned this, citing jurisdiction issues. The Supreme Court, however, held that the High Court erred, noting the jurisdiction issue was not pressed during earlier proceedings and remitted the case back to the High Court for fresh consideration.

Introduction

• Appeal challenges judgment by High Court of Punjab & Haryana
• High Court set aside judgment by Additional District Judge, Hoshiarpur
• High Court held Civil Court's jurisdiction was barred under Section 21 of Punjab Land Reforms Act, 1972

Background of the Case

Appellants' Claims

• Appellants, followers of Dam Dama Baba Sahib Singh of Una, filed suit for declaration and perpetual injunction
• Claimed land was dedicated to Dam Dama Sahib shrine, managed by Baba Madhusudan Singh
• Shrine worshipped by countless Sikhs, founded by Shri Kala Dhari, a descendant of Baba Nanak

Historical Land Transfers

• Partition of India: 1440 kanals and 8 marlas of land allotted to Bedi families of Una
• Included 735 kanals and 7 marlas allotted to Tikka Devinder Singh, descendant of Baba Sahib Singh
• Land managed by Baba Madhusudan Singh, though recorded in Tikka Devinder Singh's name

Contested Land Transfers

• Baba Madhusudan Singh transferred land to Agriculture Department of Punjab and his daughter, Sangeet Kaur
• Appellants contended transfers were illegal and not binding on shrine worshippers

Legal Proceedings

Trial Court

• Suit filed for declaration and perpetual injunction, asserting land was religious and charitable, thus exempt under Land Reforms Act
• Trial Court dismissed suit on 15.12.1980, appellants failed to prove land was dedicated to shrine

First Appellate Court

• Appeal partly allowed on 25.09.1982
• Declared 133/290 share of land charitable, belonged to Dam Dama Baba Sahib Singh of Una
• Held this share could not be declared surplus, restrained further transfers

High Court's Judgment

• Respondents filed Regular Second Appeal
• High Court set aside Additional District Judge's judgment on 09.03.2010
• Held Civil Court's jurisdiction barred under Section 21 of Land Reforms Act
• Emphasized appellants had not challenged surplus order before appropriate authorities, suit not maintainable

Supreme Court's Analysis and Judgment

Jurisdiction Issue

• High Court erred in dismissing suit on jurisdiction grounds
• Jurisdiction issue not pressed during Trial Court proceedings
• Respondents precluded from raising it in second appeal

Interpretation of Section 21

• Section 21 bars Civil Court jurisdiction only in specific circumstances
• Present suit did not challenge validity of any order under the Act
• Suit for declaration of land ownership belonged to religious shrine or Tikka Devinder Singh in personal capacity

Conclusion

• High Court's order set aside
• Case remitted back to High Court for fresh consideration on merits
• Appeal allowed, no order as to costs