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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Tek Ram, S/o. Sukhi Ram – Appellant
Versus
Prahlad (Died), Gunaram, S/o. Kholbahra – Respondent
Judgment :
Bibhu Datta Guru, J.
1. The plaintiff/ appellant has preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for brevity CPC) against the judgment & decree dated 20.01.2015 passed by the Learned 3rd Additional District Judge, Janjgir, District Janjgir- Champa in Civil Appeal No. 59-A/2014 (Prahlad & Ors. Vs. Tekram & Anr.) whereby the appeal by the defendants/ Respondents herein has been allowed by reversing the judgment of the Trial Court which was preferred against the judgment and decree dated 31.07.2010 passed by the Learned Civil Judge, Class-II, Pamgarh in Civil Suit No. 150-A/2007 (Tek Ram Vs. Prahlad & Ors.) whereby the learned trial Judge has allowed the suit of the plaintiff/ appellant herein. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.
2. The appeal was admitted by this Court on 28.09.2016 for hearing on the following substantial question of law:-
“ Whether the First Appellate Court was justified in holding that ‘Shikari’ is aboriginal tribe within the meaning of Section 165 (6) of the Chhattisgarh land Revenue Code in Janjgir Tahsil and thereby committed a legal error
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.
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.
The judgment affirms that civil courts lack jurisdiction over certain land disputes involving aboriginal tribes under specific statutory provisions.
Exclusion of Civil Court's jurisdiction by special statute and the powers of the statutory tribunal were central to the Court's decision.
The main legal point established in the judgment is that a person migrating from one state to another does not carry their caste status to the migrating state, even if the same caste is recognized as....
A person being a Scheduled Caste belonging to State of Punjab and being an ordinarily and permanent resident of State of Punjab cannot claim benefit of a Scheduled Caste in State of Rajasthan for the....
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