BHALCHANDRA GOPALRAV TAMBEKAR Vs. DAKOR TOWN MUNICIPALITY

JUDGEMENT

(1.) Issues arise out of pleadings and not de hors them. It is the duty of the trial Court to see what are the rival contentions raised by the parties And what issues arise for trial between them. Merely because amendment incorporated in paragraph 26A of the written statement was allowed it was absolutely irrelevant in my opinion it does not mean that an issue must necessarily be raised. Firstly an irrelevant amendment does not give rise to an issue. Secondly the issue must have bearing on the pleadings apart from the fact whether a particular pleading is relevant or irrelevant.

(2.) The issue which the learned trial Judge has referred to the competent authority is as under: Whether the suit land is a Dharod land under the Devasthan Inams Abolition Act? When he framed this issue he did not notice the definition of Devasthan inam given in sec. 7(6) and the definition of Devasthan land given in sec. 2 (7) of the Gujarat Devasthan Inams Abolish Act 1969 Devasthan inam has been defined by sec. 2 (6) in the following terms:

(3.) the question which arises in the present suit relates to the title which the plaintiff claims to the suit land as against the title which the Dakor Municipality claims to it because the Municipality has contended that under the law under which it is constituted the lands have vested in it. A question of title to a land-assuming that it is a Devasthan inam land-between two tidal claimants is not a question which arises under the said Act. Sub-sec. (4) provides for something which is foreign to the controversy which arises in the present suit. Therefore neither Sec. 4 nor sec. 20 has any application to the instant case. It is inconceivable for me to imagine that the Gujarat Devasthan Inams Abolition Act 1969 will oust the jurisdiction of the Civil Court to decide a pure and simple dispute relating to the title to a land between the two persons and confer jurisdiction upon some specially constituted forum. Firstly therefore no controversy as to whether the suit land is a Devasthan inam or Devasthan land arises out of the pleadings of the present suit. Assuming however that the suit land is Devasthan inam the controversy between the parties is not one which falls under sub-sec. (1) of sec. 4 and therefore the ouster of jurisdiction of the Civil Court provided by sec. 20 does not come into operation.