ABDULLAMIYAN ABDULREHMAN Vs. GOVERNMENT OF BOMBAY

JUDGEMENT

(1.) THIS is a reference made to a full bench by Mr. Justice Broomfield and Mr. Justice Wassoodew by a referring judgment delivered by Mr. Justice Broomfield.

(2.) THE facts are not in dispute. THE appellant claims to be entitled to a lease from Government granted by the Collector of Ahmedabad in 1918. In 1933 the then Collector of Ahmedabad, considering that the grant of the lease of 1918 by his predecessor was invalid, purported to terminate it. Against his order an appeal was made to the Commissioner, Northern Division. THE Commissioner held that the lease of 1918 was ultra vires of the Collector, but that the Collector in 1933 had no power to review his predecessor's order. THE commissioner, however, acting as a revising authority under Section 211 of the Bombay Land Revenue Code, purported to terminate the lease of 1918, and directed that the tenancy should be treated as an annual one. Notice of that order was in due course served upon the appellant, and he filed this suit in which he asked for a declaration that the lease of 1918 was binding on Government and for an injunction restraining Government from obstructing the plaintiff's enjoyment and possession of the property. By way of defence, Government relied on the bar constituted by Section 11 of the Bombay Revenue Jurisdiction Act. That section provides: No Civil Court shall entertain any suit against the Crown on account of any act or omission of any Revenue-officer unless the plaintiff first proves that, previously to bringing his suit, he has presented all such appeals allowed by the law for the time being in force as, within the period of limitation allowed for bringing such suit, it was possible to present.

(3.) HE also referred to Laxmanrao's case. Before Mr. Justice Blackwell the Government Pleader of the day admitted that that principle was correct, and Mr. Justice Blackwell acted on that admission. So that the view has been taken by three Judges of this Court that an order which is ultra vires does not invoke the bar of Section 11 of the Bombay Revenue Jurisdiction Act. This reference has been made because the referring Judges doubted the correctness of the proposition.