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High Court Of Orissa
G. K. Misra, C. J. And S. K. Ray, J.
SANKAR KUMAR BHATTAR - Appellant
Versus
TEHSILDAR-CUM-REVENUE OFFICER - Respondent
O. J. C 1343 Of 1974
Decided On : 10/21/1975
LAND REFORMS - Amendment of Section 15 (1) of Orissa Land Reforms Act - Exclusive jurisdiction to Revenue officer to decide the dispute of the existence of the relationship of landlord and tenant - Ouster of jurisdiction of the Sub-Judge to adjudicate upon the selfsame dispute in suits filed by landlords against the alleged tenants before the amendment came into operation and pending before him on the date of such operation of the amendment.
Fact of the Case:
The petitioners, admittedly 'landlords in respect of 163.24 acres of land situated in Basta tahsil in the district of Balasore, comprised in two chaks, having purchased landlords' interest from late Muralidhar Bhattar and Gopikrushna Bhattar. They filed two suits in the Court of the Sub-Judge, Balasore, one on 25-4-1973 in respect of 110.84 acres of disputed lands registered as O.S. No. 35 of 1973 and the second on 20-6-1973 registered as O.S. No. 48 of 1973 in respect of 51.93 acres of the disputed lands. In both these suits they prayed for permanent injunction restraining the opposite parties from disturbing their peaceful possession over the suit lands alleging that the latter having no manner of right, title to or interest in respect of the same were threatening to trespass thereupon. The case of the opposite parties in their written statements filed in the aforesaid two suits is that they are bhag chasis in respect of the disputed lands for more than thirty years, denying the plaint allegation that they are totally unconnected with the disputed lands threatening to trespass thereupon. The petitioners prayed for interim injunction in the suits, but the same was refused on 26-6-1973. The Sub-Judge however, appointed a receiver to take charge of the cultivation on 30-11-1973 with regard to the entire disputed lands of about 163 acres.
Finding of the Court:
The Court held that the amendment of Section 15 (1) of the Orissa Land Reforms Act on 2-10-1973 conferring exclusive jurisdiction on the Revenue officer to decide the dispute of the existence of the relationship of landlord and tenant would oust the jurisdiction of the Sub-Judge to adjudicate upon the selfsame dispute in suits filed by landlords against the alleged tenants before the amendment came into operation and pending before him on the date of such operation of the amendment.
Issues: Whether the amendment of Section 15 (1) of Orissa Land Reforms Act on 2-10-1973 conferring exclusive jurisdiction on the Revenue officer to decide the dispute of the existence of the relationship of landlord and tenant would oust the jurisdiction of the Sub-Judge to adjudicate upon the selfsame dispute in suits filed by landlords against the alleged tenants before the amendment came into operation and pending before him on the date of such operation of the amendment.
Ratio Decidendi: The Court interpreted the amended provisions of the Orissa Land Reforms Act and held that Section 15 (1) (d) of the Act has conferred exclusive jurisdiction on the Revenue Officer to decide the dispute between landlord and raivat or tenant as to the existence of relationship of landlord and tenant between them. The Court further held that the expression 'entertain any suit' in Section 67 of the Act would mean not only to file but also to deal with the suit till its final determination. Therefore, the Court of the Sub-Judge would lose the further jurisdiction to decide the question of existence of relationship of landlord and tenant between the petitioners and the opposite parties after coming into force of the President's act 17 of 1973.
Final Decision: The Court dismissed the writ applications filed by the petitioners challenging the jurisdiction of the Revenue Officer to decide the dispute of the existence of the relationship of landlord and tenant between the petitioners and the opposite parties.
S. K. RAY, J.
( 1 ) THE main question for consideration in these writ applications is whether the amendment of Section 15 (1) of Orissa Land Reforms Act (hereinafter referred to as 'the Act') on 2-10-1973 conferring exclusive jurisdiction on the Revenue officer to decide the dispute of the existence of the relationship of landlord and tenant would oust the jurisdiction of the Sub-Judge to adjudicate upon the selfsame dispute in suits filed by landlords against the alleged tenants before the amendment came into operation and pending before him on the date of such operation of the amendment.
( 2 ) RELEVANT facts may now be stated. The petitioners in these writ applications are admittedly 'landlords in respect of 163. 24 acres of land situated in Basta tahsil in the district of Balasore, comprised in two chaks, having purchased landlords' interest from late Muralidhar Bhattar and Gopikrushna Bhattar. They filed two suits in the Court of the Sub-Judge, Balasore, one on 25-4-1973 in respect of 110. 84 acres of disputed lands registered as O. S. No. 35 of 1973 and the second on 20-6-1973 registered as O. S. No. 48 of 1973 in respect of 51. 93 acres of the disputed lands. In both these suits they prayed for permanent injunction restraining the opposite parties from disturbing their peaceful possession over the suit lands alleging that the latter having no manner of right, title to or interest in respect of the same were threatening to trespass upon it. The case of the opposite parties in their written statements filed in the aforesaid two suits is that they are bhag chasis in respect of the disputed lands for more than thirty years, denying the plaint allegation that they are totally unconnected with the disputed lands threatening to trespass thereupon. The petitioners prayed for interim injunction in the suits, but the same was refused on 26-6-1973. The Sub-Judge however, appointed a receiver to take charge of the cultivation on 30-11-1973 with regard to the entire disputed lands of about 163 acres.
( 3 ) ISSUES were struck in the civil suits of which issue No. 3 runs as follows:-" is the suit maintainable in law in the Civil Court?" the Sub-Judge decided this issue preliminarily in the two suite against the petitioners and dismissed the suit on 22-8-1974. The petitioners, thereafter, carried the matter to the District Judge, Balasore in Sub-Judge Appeals Nos. 38 and 39 of 1974. The District Judge by his judgment dated 24-2-1975 allowed these appeals holding that the suits are maintainable and remanded the same for trial of the other issues. Against these judgments of the District Judge the opposite parties have filed Miscellaneous Appeals 51 and 52 of 1975 as also civil Revisions Nos. 175 and 176 of 1975 by way of abundant caution, in case miscellaneous Appeals are not maintainable. These two Miscellaneous Appeals and Civil Revisions have been kept pending awaiting the final decisions in these writ applications.
( 4 ) IN the meantime on 2-10-1973 the President's Act 17 of 1973 was enacted which was later on incorporated into Orissa Act 9 of 1974 by which the Act was amended, inter alia, by introducing Clause (d) in Section 15 (1) and inserting new Sections 36-A and 36-B. On 28-12-1973, after the enactment of the aforesaid President's Act, the tenants-opposite parties filed O. L. R. Cases Nos. 34 to 57 of 1973 in the revenue Court under Section 36-A of the Act for settlement of portions of disputed lands as indicated in each case in their favour alleging that the lands were non-resumable and for determination of fair rent and compensation payable in respect of those lands to the landlords. The landlords-petitioners filed petitions before the Revenue Officer for stay of proceedings before him till the final disposal of the civil suits, but those petitions having been rejected, the present writ applications have been filed.
( 5 ) THE principal issue both in the civil suits as also in the proceedings before the revenue Officer is
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