V. K. Mehrotra, j.—These appeals have come up before this Bench for an answer to the question whether the civil court has jurisdiction, in respect of an order, (a) made by the competent authority under the H. P. Land Revenue Act, 1954, and (b) of conferment of proprietary rights under section 104 of the H. P. Tenancy and Land Reforms Act, 1972, which has not been assailed under the provisions of these Acts.

2. We will confine our attention to the legal aspect of the matter alone, without going into the facts of these appeals, which shall thereafter be placed for disposal on merits before the appropriate Bench.

3. The question, as is clear, is in two parts. We will consider the two aspects separately. About H. P. Land Revenue Act, 1954.

4. First, about an order by the competent authority under the H. P. Land Revenue Act, 1954 ; The H. P. Land Revenue Act, 1954 (Act No, 6 of 1954) is "an Act to amend and declare the Land Revenue Law of the Himachal Pradesh". The various enactments mentioned in the Schedule to the Act stood repealed, to the extent specified in the third column thereof, upon the coming into force of this Act. The scheme of the Act is familiar and akin to similar Acts in the different States. Primarily, the Act is to ensure assessment and collection of land revenue in respect of an estate as defined in it. Chapter IV pertains to record of rights and periodical records. Chapter XI provides for special jurisdiction in regard, inter alia, to making of the record-of-rights while Chapter XII, containing supplemental provisions includes section 171, which relates to exclusion of jurisdiction of civil court in connection with the matters within the jurisdiction of the Revenue Officers. In its material part section 171 provides: "171. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers.—Except as otherwise provided by this Act—

1. A Civil Court shall not have jurisdiction in any matter which the State Government or a Revenue Officer is empowered by this Act, to dispose of, or take cognizance of the matter in which the State Government or any Revenue Officer exercises any powers vested in it or him by or under this Act, and in particular.

2. A Civil Court shall not exercise jurisdiction over any of the following matters, namely - (v) the framing of a record-of-rights or annual record or the preparation, signing or attestation of any of the documents included in such a record ; (vi) the correction of any entry in a record-of-rights, periodical record or register of mutations...

5. A look at Chapter IV would reveal that any dispute relating to the record-of-rights envisaged by section 32, or its preparation or revision under the succeeding provisions, is to be determined by the Revenue Officer under section 37 subject to the provisions of section 38 The Revenue Officer has Sarily to find out as to who is in possession of the property to which the Disputes relates He can do so on his own motion or on the application of any party invested- The enquiry which the Revenue Officer makes is in connection with the entries in respect of the matters about which it is to be made n terms of section 32. In other words, enquiry about the persons who as landowners, tenants or assignees of land revenue receive any of the Ss profits in the estate, or who are entitled to the produce of the estate or to occupy land therein..; the nature and extent of the interests of these persons and the conditions and liabilities attaching thereto ; and the rent, land revenue, rates, cesses or other payments due from and to each of those persons and to the Government ; a statement of customs respecting rights and liabilities in the estate.

6. The Revenue Officer, on the basis of his decision, is to direct that the person, found by a summary enquiry as best entitled to the property, be Sut in possession thereof and an entry in accordance within his order be made in the records of right. The direction so made is