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NARESH KUMAR CHANDRAVANSHI
Ravindra Sai @ Harishchandra Sidar S/o Ghasiya Ram – Appellant
Versus
Naihar Sai @ Badgi S/o Late Charo Uraon – Respondent
JUDGMENT :
Naresh Kumar Chandravanshi, J.
1.This second appeal has been preferred by the appellant/plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 24.02.2011 passed in Civil Appeal No.13A/2008 by Third Upper District Judge, FTC, Surguja (Ambikapur) (CG), whereby the learned first appellate Court has set aside the judgment and decree dated 29.12.2007 passed in Civil Suit No.44A/2007 by Second Civil Judge Class-II, Ambikapur (Surguja) whereby, learned trial Court decreed the suit in favour of the plaintiff.
(For sake of convenience, the parties would be referred hereinafter as per their status before the trial Court)
2.Facts of the case in nutshell are that the plaintiff filed suit for declaration of title and for permanent injunction alleging inter-alia that he had purchased suit land situated at Village Maharainipur Tehsil Sitapur Distt. Surguja total area 1.344 hectare (Schedule A of the plaint), vide registered sale deed dated 15.12.1980 (Ex-P/1) from defendants 1 & 2 and his name was also mutated in the revenue record. Defendants 1 & 2, after selling their property, left their native village Kotchall and started living in v
Civil courts lack jurisdiction over matters under Section 170B of the Chhattisgarh Land Revenue Code, 1959, particularly regarding benami transactions involving members of aboriginal tribes.
The court affirmed that the provisions of Section 170-B of the MPLR Code protect the land rights of aboriginal tribes, and Civil Courts lack jurisdiction over matters exclusively under the MPLR Code.
Civil suits can challenge revenue authority orders if they violate principles of natural justice. Failure to notify affected parties renders such orders void.
The court emphasized that a plaintiff cannot pursue a civil suit to establish title without challenging a binding order from a revenue authority.
The judgment affirms that civil courts lack jurisdiction over certain land disputes involving aboriginal tribes under specific statutory provisions.
The sale deed for the property did not require permission from the Collector, and the suit was maintainable without a declaration of title.
The recognition of a caste as a Scheduled Tribe is area-specific and must align with Presidential Orders; wrongful assumptions can lead to jurisdictional errors in land transfer claims.
Question whether purchase by a tribal was a sham and nominal transaction for benefit of a non-tribal, may not fall exclusively within jurisdiction of Authorities.
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