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1962 Supreme(Guj) 3

V.B.RAJU
GULABCHAND MAKANJI DEGAMWALA – Appellant
Versus
MOTAPONDHA VIBHAG TENANTS CO OPERATIVE AGRICULTURAL SOCIETY LIMITED – Respondent


Advocates Appeared: A.D.DESAI, B.R.SHAH

V. B. RAJU, J.

( 1 ) THIS civil revision application arises out of an order passed in Civil Suit No. 11 of 1957 holding that the Civil Court had no jurisdiction to entertain the suit which was for the recovery of Rs. 2735. 00 being the rent of 1956-57 in respect of survey No. 216. The suit was filed by the landlord against the tenant and in the plaint it was stated that in the alternative the plaintiff was claiming the amount also by way of compensation. The learned Judge held that under section 70 (me) of the Tenancy Act it was only for the Mamlatdar to direct the payment of rent determined under the Act or the arrears thereof and it was also for the Mamlatdar to determine what rent was payable. The view that in view of clause (me) of section 70 of the Tenancy Act the Civil Court had no jurisdiction to determine the rent payable or to direct the payment of rent payable is quite correct. But it is contended by the learned counsel for the petitioner that in the plaint it was stated that the plaintiff was claiming the amount by way of compensation and this it is contended is triable by the Civil Court and that the Civil Court should try and decide the alternative case of compensation.



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