Binja (Deceased) represented by LRs. vs Ajit Singh

Adarsh Kumar Goel, J.—The respondent-plaintiff filed suit for declaration alleging that the orders of Assistant Collector and Collector declaring the defendant to be occupancy tenant were void. The defendant contested the suit.

The trial Court dismissed the suit holding that the Civil Court had no jurisdiction to go into the matter. The lower Appellate Court remanded the matter after reversing the finding of the trial Court on the issue of jurisdiction holding that bar to the jurisdiction of Civil Court was only to the extent of grant of declaration of a person being occupancy tenant u/s 77(3)(d) of the Punjab Tenancy Act and declaration granted by the Revenue Court was open to question before the Civil Court on well known grounds of such order being ultra vires. The Appellate Court set aside the decree of the trial Court and decreed the suit.

Counsel for the appellant submitted that the view taken by the lower Appellate Court was erroneous and even if the Civil Court had the jurisdiction, the trial Court had not recorded any finding on merits and even the lower Appellate Court had not recorded any finding on merits. Reliance is placed on a judgment of this Court in Omkar Singh Vs. Nirmal, . Counsel for the respondent supported the finding of the Courts below.

After hearing counsel for the parties and persuing the record of the case., I find force in the submission of the counsel for the appellant that even if the Civil Court had the Jurisdiction, the Civil Court could declare the order of the Revenue Court to be void only after examining the merits of the said order, which has not been done in the present case. I, however, do not agree with the counsel for the appellant that the Civil Court''s jurisdiction is barred per se in view of the law laid down by the Supreme Court in Dhulabhai and Others Vs. The State of Madhya Pradesh and Another, . No doubt, the jurisdiction of the Civil Court is confined to examining whether the concerned authorities had not acted contrary to the fundamental principles of the judicial procedure.

For the above reasons, this appeal is allowed. The decree of the lower Appellate Court is set aside and the matter is remanded to the trial Court for a decision on merits in accordance with law. Having regard to the fact that it is an old case, the trial Court will decide the matter expeditiously and preferably within six months.

Counsel for the parties are directed to appear before the trial Court on 18.12.2001 for further proceedings.