G. CHAKRAPANI Vs. JAYAPAL

JUDGEMENT

(1.) The above Civil Revision Petition placed before us under the orders of the Hon'ble Chief Justice pursuant to the orders of reference made by K.Raviraja Pandian.J (as he then was) dated 27.01.2003 in view of the same set of facts Sampath.J in S.A.No.912/1987 made an order for reference dated 01.07.1999, but the said reference not decided and remain inconclusive. The question of law made in this Civil Revision Petition is Whether a decree passed by a Civil Court in respect of properties alleged to be Kudiyiruppu, is a nullity or whether the Civil Court has prima facie jurisdiction to pass a decree under the Kudiyiruppu Act?

(2.) The point of reference made by Sampath.J in S.A.No.912/1987 in the order of reference 01.07.1999 was as to Whether the Civil Courts have got jurisdiction under the Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976, when the authorities under the said Act, seized of the matter in Second Appeal No.912 of 1987. The Division Bench before whom the reference made in S.A.No.912/1987 was placed under the order of the then Hon'ble Chief Justice, had observed that the question of reference would not arise to the facts of that case and disposed the second appeal itself by dismissing it on 12.03.2001.

(3.) Now the Hon'ble Chief Justice has observed that the earlier reference as to whether the Civil Courts have prima facie jurisdiction to pass a decree under the Tamil Nadu Rural Artisans (Conferment of Ownership of Kudiyiruppu) Act, 1976, not decided and given orders to place the present reference made in this Civil Revision Petition before this bench for answering the question posed by the Single Judge in the order of reference dated 27.01.2003. The short facts of the case where from this reference is as under: