The judgment affirms that civil courts lack jurisdiction over certain land disputes involving aboriginal tribes under specific statutory provisions.

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. Since the issue involved in these two appeals are identical and arise from the same judgment and decree dated 04.09.2008 passed by 1^st Additional District Judge (FTC), Ramanujganj, District Sarguja (CG) in Civil suit No. 12-A/2002, they are heard analogously and are being disposed of by this common judgment.

2. The parties have been described as per their description in the Civil Suit No.12-A/2002.

3. The brief facts as reflected from the record are that plaintiff has filed a civil suit before the learned trial Court for declaration of title, possession and permanent injunction of khasra No. 311/2 area 4.275 hectares and khasra No. 203/2 area 5.268 hectare total area 9.543 hectare situated at village Purandih, Tahsil Ramanujganj, District Sarguja (hereinafter referred to as suit property) and also for declaration of order dated 19.03.1982 passed by Sub Divisional Officer (Revenue) Ramanujganj as null and void mainly contending that:-

(a) The plaintiff is permanent resident of Ramanujganj, District Sarguja and defendants No. 1 and 2 are temporary residents of Bardari, Police Station Ranka, District Palamu (Bihar). It is the case of the plaintiff that the property described in schedule A of the plaint is self acquired property of Bhukhan S/o. Agar Bhuihar as lease was granted to him in the year 1956 by the Settlement Officer, Ramanujganj. It is also case of the plaintiff that the Bhukhan was resident of Bihar which is 08-10 KM away from village Bardari, Ramanujganj, District Sarguja, as such he was doing agricultural work on the suit land.

(b) It is also the case of the plaintiff that after two years, Bhukhan handed over possession of suit land to father and uncle of plaintiff and went to village Bardari and thereafter he returned back to village and sold the land to the plaintiff’s father and uncle through agreement dated 09.011961 for sale consideration of Rs. 800/- wherein it has been mentioned that Bhuihar belongs to Scheduled Tribe and it will take some time to obtain permission, therefore, he has handed over possession to the plaintiff. Subsequently, in the year 1975 Bhukhan died in Village Ranka and as per the mutual settlement between the plaintiff and his uncle, the suit property falls in the share of plaintiff and since than he is in possession of the suit property and also obtained title on the basis of adverse possession as he is in possession of the suit property for the last 12 years without any objection from anyone.

(c) It is also pleaded that defendant No.1 Harvansh came to village in the year 1982 and sought information from Halka Patwari and thereafter, he filed an application before Sub Divisional Officer, Ramanujganj to the effect that he belongs to the tribe Community, as such he is entitled to get back land under Section 170 (A) and (B) of the MP Land Revenue Code 1959. On the application filed by an aboriginal tribe, Sub Divisional Officer allowed the application filed by defendant No.1 on 19.03.1982 and directed to revert the land in favour of defendant being successor of Ramkalya and no permission was obtained from Collector before transfer of the suit land, as such the plaintiff will not get any legal right over the suit land. Accordingly, the defendant No.1 started threatening the plaintiff to take possession of the suit property which has necessitated the plaintiff to file a Civil suit.

4. The defendant No.1 has filed his written statement denying the allegation made in the plaint mainly contending that defendant No. 1 is permanent resident of village Puranadih, Tehsil Ramanujganj, District Surguja and they belong to Bhuihar caste which is tribal. It is empathically denied that the defendants belong to general category. Apart from this, defendant has also stated that late Bhu