LAWS(MPH)-1965-11-20

AMARSINGH Vs. ANOPA

Decided On November 24, 1965
AMARSINGH Appellant
V/S
ANOPA Respondents

JUDGEMENT

(1.) THIS revision petition arises out of a suit for decla- ration that the plaintiff Anopa is a disabled person and the judgment of the Collector in which it was held that he was not such a person is without jurisdiction and nullity.

(2.) AMARSINGH had applied under section 21 of the Abolition of Jagirs Act that he was a tenant in possession of land resumed under the Abolition of Jagirs Act and as such he is entitled to be declared a Pakka tenant under section 23 of the Act. The Collector granted the same. The suit is for declaration that the plaintiff is a disabled person and as such the grant of pakka tenancy right was without jurisdiction.

(3.) THE learned counsel for the defendant has submitted that under sec- tion 34 of the Abolition of Jagirs Act the jurisdiction of Civil Court is barred. Section 34 is quoted below