PANPOI DHARMAL SANSTHANDHATRA KENDRA Vs. BHAGWANT

JUDGEMENT

(1.) THE question as to whether limitation of six months as prescribed by sub-section (3) of Section 5 of the Mamlatdar's courts Act would govern the applications filed under Section 100 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 is referred to this Full Bench by the Division Bench consisting of qazi and A. A. Desai, JJ in Writ Petition No. 1562 of 1982, Writ Petition no. 1585 of 1982 and Writ Petition No. 1780 of 1982.

(2.) IN these three writ petitions the landlords have prayed for a negative declaration that the respondents were not tenant of the leased lands. These applications are filed under Section 100 (2) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, Section 100 (2) of the said Act reads as under : -"100. For the purpose of this Act, the following shall be the duties and functions to be performed by the Tahsildar. (2) to decide whether a person is or was at any time in the past, a tenant, a protected lessee or an occupancy tenant ;. . . . . . . . . . " section 101 deals with the commencement of these proceedings. Section 102 which deals with the procedure to be followed in such inquiries and proceedings reads as under : -"102. In all inquiries and proceedings commenced on the presentatation of applications under Section 101 the Tahsildar or the tribunal shall exercise the same powers as the Mamlatdar's Court under the Mamlatdar's Court Act, 1906, and shall save as provided in Section 36 follow the provisions of the said Act, as if the Tahsildar or Tribunal were a Mamlatdar's Court under the said Act and the application presented was a plaint presented under Section 7 of the said Act. In regard to matters which are not provided for in the said Act, the Tahsildar or the Tribunal shall follow such procedure as may be prescribed by the State Government. Every decision of the Tahsildar or the Tribunal shall be recorded in the form of an order which shall state the reasons for such decision. " by Section 124 of the said Act the Civil Court is barred from settling, deciding or dealing with all questions including the question whether a person is or was at any time in the past a tenant which by or under the act is required to be settled, decided or dealt with by the Tahsildar. As a necessary consequence of this a reference is provided by Section 125 of the Act in a suit instituted in any Civil Court, if it involves an issue required to be decided under the Act. If such an issue is raised the Civil court is obliged to stay the suit and refer such issue or issues to a competent authority for determination. By the explanation to Section 125 it is clarified that for the purpose of Section 125 a Civil Court shall include mamlatdar's Court constituted under the Mamlatdar's Courts Act, 1906. From the bare reading of these various provisions and particularly sections 100, 101 and 102 of the said Act, it is quite clear that save as expressly provided by on under the Act all inquiries and other proceedings before the Tribunal shall be commenced on an application which shall contain the particulars enumerated in Section 101. By Rule 54-A and rule 54-B it is provided that in all matters not provided for in the mamlatdar's Courts Act the Tahsildar or the Tribunal shall follow the procedure prescribed for revenue officers and revenue Courts under Chapter IV of the M. P. Land Revenue Code. It is also provided that in all inquiries and proceedings to which the provisions of Section 102 do not apply the procedure to be followed in matters not provided for by or under the Act shall be that prescribed for revenue officers and revenue courts under Chapter IV of the M. P. Land Revenue Code.

(3.) THE question which is now posed before us is as to whether in view of the provisions of Section 102 of the Act read with the provisions of the Mamlatdar's Courts Act limitation of six months prescribed by the mamlatdar's Court Act will also govern applications filed under Section 100 (2) of the said Act. Sub-section (2) of Section 100 of the Vidarbha region Act is pan materia to Section 70 (b) of the Bombay Tenancy and agricultural Lands Act, 1947.