LAZMAN Vs. DEVIDAA

JUDGEMENT

(1.) The short question which arises in these Revision petitions is whether a suit lor declaration of title with respect to immovable property situated in a tribal area against tribals and non-tribals can be maintained in a civil Court.

(2.) The facts are not in dispute. There are four items of land situated in the village of Jataila which is one of the tribal areas. The plaintiff sought a declaration of title and a perpetual injunction in respect of those lands. It is alleged by her that the suit lands belonged to the ancestor of defendants 1 and 2 and that he sold them to her husband. She further alleged that defendants 1 and 2 arid their followers, defendants 8 to 15, are attempting to dispossess her, Defendants 8 to 15 are tribals. It is contended by them that the suit is not maintainable in the civil Court in view of the provisions of the Tribal Areas Regulation of F. 1359. It is contended by the plaintiff that defendants 1 to 7 arc residents of non-tribal areas and that the civil Court has jurisdiction in respect of those defendants, and that since the cause of action is one and indivisible, the suit against tribals is also within the cognizance of the civil Court. The Tribal Areas Regulation of 1359 F., was enacted for the better administration of the tribal areas in the former Hyderabad State. The expression "tribal" has been defined as meaning a member of a tribe in a notified tribal area and a "non-tribal" as meaning a person who is not a tribal. Section 4 of the Regulation confers on the Government the power to make rules. Clause (a) of sub-section (2) of Section 4 provides that the rules may provide for among other matters, barring the jurisdiction of Courts of law or revenue authorities in any dispute relating to lands, houses or house-sites occupied, claimed, rented or possessed by any tribal,qr from which any tribal may have been evicted, whether by process of law or otherwise.

(3.) In exercise of the powers conferred by Section 4 of the Tribal Areas Regulation, Notified Tribal Areas Rules of 1359 F., were enacted. Rule 5 thereof provides;