RAM NIWAS Vs. PITAMBER SINGH

JUDGEMENT

(1.) The suit was listed today for hearing on the preliminary issue no.5 in terms of Order dated 12.03.2007. Learned senior counsel for the plaintiff submits that the Order dated 12.03.2007 needs to be modified to the extent that it is only issues no.2 and 4 which cannot be tried by the Civil Court (Collateral proceedings being pending before the Revenue Court) and not issue no.3. Thus the submission is that in respect of issue nos.3 also, the Civil Court would have jurisdiction. Learned counsel for defendant nos.2 and 3 on the other hand contends that there is no need for modification of the Order in view of the provisions of Section 186 of the Delhi Land Reforms Act, 1954 ('DLR Act' for short). The said provision reads as under:

(2.) Learned counsel submits that the judgment of the Apex Court in Hatti v. Sunder Singh; 1970 (2) SCC 841 puts the matter at rest in view of what has been observed in para 7 of the said judgment. The same is re-produced hereinunder:

(3.) A reading of the aforesaid observations along with provisions of the DLR Act shows that the Supreme Court has held that the Civil Court would have no jurisdiction even in respect of matters of title directly and proceedings would have to be initiated before the Revenue Courts. In such proceedings before the Revenue Court, if a question arises in a competent proceeding, the issue would be framed and referred to a Civil Court. Such a provision has been held not to give jurisdiction to the Civil Court to entertain the suit itself on the question of title and the jurisdiction of the Civil Court is limited to deciding the issue of title on the issue referred to it by the Revenue Court.