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1965 Supreme(AP) 200

P.SATYANARAYANA RAJU
LAXMAN – Appellant
Versus
DEVIDAS – Respondent


P. SATYANARAYANA RAJU, J.

( 1 ) THE short question which arises in these Revision petitions is whether a suit lor declaration of title with respect to immovable property situated in a tribal area against tribals and non-tribals can be maintained in a civil Court.

( 2 ) THE facts are not in dispute. There are four items of land situated in the village of Jataila which is one of the tribal areas. The plaintiff sought a declaration of title and a perpetual injunction in respect of those lands. It is alleged by her that the suit lands belonged to the ancestor of defendants 1 and 2 and that he sold them to her husband. She further alleged that defendants 1 and 2 arid their followers, defendants 8 to 15, are attempting to dispossess her, defendants 8 to 15 are tribals. It is contended by them that the suit is not maintainable in the civil Court in view of the provisions of the Tribal Areas Regulation of F. 1359. It is contended by the plaintiff that defendants 1 to 7 arc residents of non-tribal areas and that the civil Court has jurisdiction in respect of those defendants, and that since the cause of action is one and indivisible, the suit against tribals is also within the cognizance of







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