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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Simru (deceased) through his LRs Purshottam Dass – Appellant
Versus
Jawala Dassi – Respondent
JUDGMENT :
Satyen Vaidya, J.
This Regular Second Appeal has been filed by the appellants against judgment and decree dated 05.12.2014 passed in Civil Appeal No. 0000060/2013 by learned District Judge, Kinnaur at Rampur Bushahar whereby judgment and decree dated 30.09.2013 passed by learned Civil Judge (Senior Division), Kinnaur at Reckong Peo in Civil Suit No.24-1 of 2006 was affirmed.
2. Respondent No.1 herein (hereinafter referred to as plaintiff) filed a suit ( Civil Suit No. 24-1 of 2006) against the appellants and respondents No. 2 to 4 herein (hereinafter referred to as the defendants) in respect of land comprised in Khewat Nos. 57 and 58, Khatauni Nos. 195 to 199, Khasra Nos. 53, 54, 55, 88, 89, 92, 94, 452, 486, 487, 488, 489, 490, 491, 492, 498, 524 total kitas 18, measuring 1-40-96 hectares, situated in Mauza Molgi, Pargana 15/20, Tehsil Rampur Bushahar, District Shimla (for short, “Suit Land”). It was alleged that the plaintiffs and defendants were joint owners of the suit land and a decree to that effect was prayed. Further, it was also prayed that the order passed by the Assistant Collector 1st Grade, Rampur in partition case No.9/86 dated 17.01.1990 be declared illegal,
The jurisdiction of Civil Courts is fundamental and must be specifically addressed; failure to do so vitiates the judgments.
Civil courts lack jurisdiction to challenge partition proceedings by revenue authorities unless a question of title arises or jurisdictional defects are alleged, as prescribed by Section 171 of the H....
Civil Courts cannot adjudicate matters concerning partition as per H.P. Land Revenue Act, Section 171, which restricts jurisdiction in partition disputes, asserting that remedy lies within revenue au....
Civil courts lack jurisdiction over partition proceedings unless fundamental judicial principles are violated; mere erroneous orders do not constitute jurisdictional errors.
The main legal point established in the judgment is the interpretation and application of the provisions of the Punjab Land Revenue Act, 1887, specifically regarding the jurisdiction of the civil cou....
The jurisdiction of civil courts is barred under Section 154(1)(e) of the Assam Land Revenue Regulation if the plaintiff is not in possession of the land and fails to meet the conditions for imperfec....
A civil suit challenging a revenue officer's order is not maintainable if the party has opted for an appeal against the same order, as per the jurisdictional limits set by the Himachal Pradesh Land R....
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