SUPREME COURT OF INDIA
B. N. Kirpal, J. S. Verma, N. P. Singh
SRI-LA-SRI SIVAPRAKASA PANDARA SANNADHI AVARGAL, APPELLANT
Versus
T. PARVATHI AMMAL (SMT) AND OTHERS, RESPONDENTS.
Civil Appeal No. 5141 of 1993 (From the Judgment and Order dated 16-3-1987 of the Madras High Court in S.A. No. 888 of 1979)
decided on February 20, 1996.
S. Balakrishnan and S. Prasad, Advocates, for the Appellant;
S. Sivasubramanium, Senior Advocate (A.T.M. Sampath and V. Balaji, Advocates, with him) for the Respondents.
Jurisdiction - Civil Court - Interpretation of Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963
Fact of the Case:
The trial court decreed the suit, but the first appellate court set aside the decree, claiming that the civil court's jurisdiction was barred. The High Court restored the judgment and decree of the trial court, stating that the civil court's jurisdiction was not barred.
Finding of the Court:
The High Court restored the judgment and decree of the trial court, holding that the civil court's jurisdiction was not barred by the provisions of the Tamil Nadu Minor Inams Act, 1963.
Issues: The main issue was the jurisdiction of the civil court to entertain the suit in light of the provisions of the Tamil Nadu Minor Inams Act, 1963.
Ratio Decidendi: The court relied on the decision in R. Manicka Naicker v. E. Elumalai Naicker ((1995) 4 SCC 156), which clearly held that the civil court's jurisdiction to adjudicate the title of the parties is not barred by the provisions of the Act. The court also distinguished a decision relating to provisions under a different Act of Andhra Pradesh, emphasizing the direct decision of the court on the provisions of the Act in question.
Final Decision: The appeal and the contempt petition were dismissed, and no costs were awarded.
ORDER
1. The only question for decision relates to the jurisdiction of the civil court to entertain the suit which was filed by the respondents. The trial court decreed the suit. The first appellate court set aside the decree taking the view that the civil courts jurisdiction was barred. In the second appeal filed by the present respondents, the High Court has restored the judgment and decree of the trial court taking the view that the civil courts jurisdiction was not barred.
2. The plea of exclusion of the civil courts jurisdiction to adjudicate the title of the parties in the present case is based on the provisions of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963. This Court in a recent decision in R. Manicka Naicker v. E. Elumalai Naicker ((1995) 4 SCC 156) has clearly held that the civil courts jurisdiction to adjudicate title of the parties, is not barred by virtue of the provisions of the said Act. This is a direct decision of this Court on the provisions of the Act with which we are concerned in the present case. Learned counsel for the appellant placed reliance on the decision in Vatticherukuru Village Panchayat v. Nori Venkatarama Deekshithulu (1991 Supp (2) SCC 228). It is sufficient to observe that this decision relates to the provisions under a different Act of Andhra Pradesh. Moreover, in R. Manicka Naicker ((1995) 4 SCC 156) this decision relating to the provisions in the Andhra Pradesh Act was considered and distinguished. In view of the direct decision of this Court in R. Manicka Naicker ((1995) 4 SCC 156) there is no merit in this appeal. The appeal and the contempt petition are dismissed. No costs.
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