Allahbad High Court
GANGESHWARPRASAD
Rasool Ahmadi - Appellant
Versus
Beni Prasad - Respondent
Decided On : 10/20/1964
U.P. Tenancy Act, 1939 - S. 242 - Jurisdiction of Civil Court - Suit for declaration of tenancy rights and possession - Maintainability - Cancellation of leases and decrees not necessary - Relief of permanent injunction - Scope of S. 242 - Suit under S. 180(1) - Applicability to land used for casual or occasional cultivation - Interpretation of S. 30 and S. 180(2) - Dismissal of suits for lack of jurisdiction.
Fact of the Case:
Plaintiff filed suits in the Civil Court seeking a declaration of his tenancy rights, cancellation of leases granted by the Zamindars, and possession of the disputed land. The defendants contested the suits, claiming tenancy rights and raising the defense of res judicata and estoppel based on previous revenue court decrees. The trial court and lower appellate court dismissed the suits, holding that they were barred by res judicata, estoppel, and were beyond the cognizance of the Civil Court.
Finding of the Court:
The High Court held that the suits were not maintainable in the Civil Court as they fell within the exclusive jurisdiction of the Revenue Court under S. 242 of the U.P. Tenancy Act, 1939. The Court found that the plaintiff's claim for a declaration of tenancy rights and possession could be effectively adjudicated in the Revenue Court under S. 59 of the Act, and that the relief of permanent injunction sought by the plaintiff did not confer jurisdiction on the Civil Court. The Court also held that the plaintiff could have brought a suit for possession under S. 180 of the Act, as the scope of S. 180(1) was not limited to suits where the consequences mentioned in S. 180(2) may ensue.
Issues: 1. Whether the suits were maintainable in the Civil Court in light of S. 242 of the U.P. Tenancy Act, 1939? 2. Whether cancellation of leases and decrees was necessary for the plaintiff to establish his tenancy rights? 3. Whether the relief of permanent injunction conferred jurisdiction on the Civil Court? 4. Whether the plaintiff could have brought a suit for possession under S. 180 of the Act, considering the nature of the land in dispute?
Ratio Decidendi: 1. The jurisdiction of the Civil Court is barred by S. 242 of the U.P. Tenancy Act, 1939, in cases where the plaintiff's claim can be effectively adjudicated in the Revenue Court. 2. Cancellation or avoidance of leases and decrees is not necessary for the establishment of tenancy rights if the plaintiff claims that the deeds or decrees are void and ineffective. 3. The relief of permanent injunction does not clothe the Civil Court with jurisdiction that it does not otherwise possess. 4. A suit under S. 180(1) of the Act is entertainable in regard to any 'land' irrespective of the right which may or may not accrue in it to the person in occupation if no suit is brought against him.
Final Decision: The appeals were dismissed, and the suits were held to be not maintainable in the Civil Court due to lack of jurisdiction.
JUDGMENT : The two suits which have given rise to these appeals are the third in the series of actions raided by the plaintiff in respect of the same land and against the same persons or their representatives in interest.
2. In 1954 Rasool Ahmad plaintiff filed a group of eight suits (hereinafter described as the 1954 suits) under S. 59/183 of the U.P. Tenancy Act of 1939 in the revenue court with the allegation that he was a tenant of the land in suit but defendants Nos. 1 and 2 had got leases in respect of it executed by the remaining defendants who were the Zamindars and were interfering with the possession of the plaintiff on the strength of the said leases which were invalid and of no legal effect. The plaintiff sought a declaration that he was a hereditary tenant of the land in suit and also prayed for restoration of possession in case he was found to be out of possession. The defence was that the plaintiff was not a tenant of the land in suit and was not in possession thereof. By his judgment dated 13th May 1955 the Assistant Collector dismissed the suits with the findings that the plaintiff was neither a hereditary tenant of the land in suit nor in possession and he was not entitled to the reliefs claimed by him. The judgment of the Assistant Collector was confirmed in appeal by the Commissioner and then by the Board of Revenue. Against the judgments and decrees of the revenue courts the plaintiff filed a writ petition in this Court under Article 226 of the Constitution but it was rejected on 26th April 1956,
3. The plaintiff then filed another set of suits (hereinafter described as the 1956 suits) under S. 59/183 of the U.P. Tenancy Act of 1939 in the revenue court in 1956 claiming to be an occupancy tenant of the land in suit and alleging that defendants Nos. 1 and 2 were trying to dispossess them on the basis of illegal, void and ineffective leases obtained from the Zamindars. The prayer in the suits was that the plaintiff may be declared to be an occupancy tenant of the land and if possession was found with the defendants a decree for their ejectment be also passed in favour of the plaintiff. The defence was that the suits were barred by res judicata, that the plaintiff was neither a tenant of the land in suit nor was he in possession thereof, and that the Zamindars were competent to grant the leases. These suits also were dismissed by the Judicial Officer on 12th September 1957, and his decision was upheld by the Commissioner in appeal on 2nd November 1957. The plea of res judicata was accepted and it was held that the plaintiff was not entitled to declaration or possession.
4. The suits which have led upto the present appeals were commenced in the Civil Court on 11th May 1957. The allegations of the plaintiff in these two suits are that he is an occupancy tenant of the land in suit and that he has been in possession thereof for more than 50 years, but in derogation of his rights defendants Nos. 3 to 21, with the exception of defendants Nos. 9 and 11 and 14 to 17 and 19, granted leases dated 1st November, 1954 and 4th November 1951 to defendants Nos. 1 to 2 although they were not competent to do so. As to the decrees passed by the revenue Court in 1954 suits it has been stated that they were without jurisdiction and null, void and ineffective but nothing has been said regarding the decrees passed in the 1956 suits. The reliefs claimed in the suits are that the leases dated 1st November 1954 and 4th November 1954 be adjudged void and cancelled and, further, that it may be declared that the decrees of the revenue Court in the 1954 suits are void and ineffective and not binding on the plaintiff. A permanent injunction restraining the defendants and their agents etc., from interfering with the plaintiff's possession has also been claimed and it has been prayed that the relief of possession be also granted in the event of the plaintiff not being found to be in possession. Defendants Nos. 1 and 2 have contested th
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