LAWS(CHH)-2009-7-55

SAMUDRI BAI Vs. SUKHIRAM

Decided On July 08, 2009
SAMUDRI BAI Appellant
V/S
SUKHIRAM Respondents

JUDGEMENT

(1.) PRESENT applicant has challenged the legality and propriety of the order dated 6-5-2002 passed by the Vth Civil Judge Class II, Ambikapur, District Surguja in Civil Suit No. 21-A/2000 whereby learned Vth Civil Judge Class II has decided the issue relating to tenability negative against the applicant. Order is challenged on the ground that Court below has exceeded its jurisdiction vested on it by holding that Civil Court is having jurisdiction to try the suit which was barred under Section 257 read with Section 170B of the C.G. Land Revenue Code, 1959 (in short 'the Code' of 1959).

(2.) SHORT facts relating to the dispute are one application was filed before the Sub Divisional Officer by one Ramjatan which was allowed and finally the order was maintained by the Revenue Commissioner and possession was handed over to present applicant after order of Revenue Authority suit for declaration arid possession of land was filed by non-applicant No. 1 against the applicant and non-applicant No. 2 on the ground that non-applicant No. 1 is owner of the suit land and Sub Divisional Officer has not followed the procedure prescribed during the course of enquiry into the matter and had committed an illegality in that suit State was made as defendant No. 2. Shri Manoj Paranjpe, Advocate for the applicant, Shri Sushil Dubey, Advocate for the respondent No. 1 and Shri Samir Behar, P.L. for the respondent No. 2/State are heard. Order impugned and copy of other documents perused. On the basis of the averments in the written statement two preliminary issues relating to the maintainability of the suit was framed and both were against the applicant.

(3.) WHILE dealing the question of maintainability of the suit under Section 9 of the Code Hon'ble Apex Court in case of Dhulabhai (supra), has laid down following principles: