Judgement

AHMAD, C. J. : This miscellaneous appeal in view of some importance of the point of law involved in it, has been under the order dated the 25th April, 1964 directed to be placed before a Division Bench. It is therefore now before us for hearing.

2. The appeal is by the plaintiff and it arises out of a suit for declaration that the respondent-defendant is not a 'tenant ' of the lands in suit and for recovery of possession thereof. It is no more in dispute that the respondent-defendant is not an 'occupancy raiyat ' in respect of the suit lands; but his claim is that he is in any case at least a statutory tenant within the meaning of the Orissa Tenants Protection Act 1948 (Orissa Act III of 1948). As such he pleads that he is protected from eviction under the provisions of the aforesaid Orissa Tenants Protection Act and the Orissa Tenants Relief Act, 1955 (Orissa Act V of 1955); and that the Civil Court has no jurisdiction to try the suit.

3. Originally, the trial court relying on the principle of law as laid down by this Court in the case of Pandab Bissoyi v. Magiti Sasamal, AIR 1957 Orissa 17 held that the Civil Court had no jurisdiction to decide whether the defendant was a