SOLANKIBAI Vs. LALSINGH NARAYANSINGH

JUDGEMENT

(1.) THESE are seven revision petitions involving the question regarding jurisdiction of civil Courts to entertain a suit for recovery of arrears of rent in view of the provisions of Sections 132 and 147 of the Madhya Bharat Revenue Administration and Ryotwari Land Revenue and Tenancy Act, Samvat 2007.

(2.) PLAINTIFF Shrimati Thakurani Solankibai, claiming to hold the land comprised in all the seven suits as a Pakka -tenant within the meaning of the term as defined in Section 54(vii) of the Act aforesaid, filed the suit in each of the cases against her sub -tenant for recovery of arrears of rent in respect of the year 1952 -53. The suits were filed in the year 1956 in the Court of Civil Judge, Second Class, Hotod. On objection by the Defendants that the suits are not cognizable by the civil Court the trial Court considered this question as preliminary and it held, relying upon the decision in Ratansingh v. Mukutsingh 1956 MBLJ 1458, and the provisions of Sections 132 and 147 of the Madhya Bharat Revenue Administration and Ryotwari Land Revenue and Tenancy Act, that the claim of this nature being cognizable by the Court of Tahsildar the jurisdiction of civil Courts is totally excluded. He therefore ordered the return of the plaint in each case for presentation to proper Court.

(3.) THE Plaintiff has now preferred these revision petitions.