BIDHAN DEBBARMA Vs. SUKESHAN DAS

JUDGEMENT

(1.) ALL these Civil Revision Petitions, filed under Section 115 of the CPC, are taken up together for disposal by a common judgment as the identical question wades through the challenge.

(2.) THE orders dated 31.03.2014 passed by the Civil Judge, Sr. Divn., South Tripura, Udaipur in Civil Misc. 51 of 2013 (arisen from TS 40 of 2013), in Civil Misc. 58 of 2013 (arisen from TS 43 of 2013), in Civil Misc. 52 of 2013 (arisen from TS 44 of 2013) and in Civil Misc. 57 of 2013 (arisen from TS 42 of 2013) have been called in question in these Civil Revision Petitions.

(3.) MR . D.K. Biswas, learned counsel appearing for the petitioners has emphatically contended that Section 187(F) of TLR & LR Act, 1960 has barred institution of any suit for declaration of title in respect of any land belonging to the Scheduled Tribes in a civil court. The said provision has expressly barred the jurisdiction of the civil courts postulating that no civil court shall pass a decree or order by which title of the land stands transferred from a person belonging to Scheduled Tribes to a person not belonging to the Scheduled Tribes. Mr. Biswas, learned counsel for the petitioner has referred to the plaint wherefrom it appears that the suit is for declaration that the suit land cannot come under prohibition of Section 187(1) of TLR & LR Act, 1960 and the transfer of the said land to one Sona Miah at all cannot be held to be a transfer by a tribal to a non -tribal as the original owner Nidan Laskar belonged to Desi Tripuri Community, which has been by way of notification excluded from the list of the Scheduled Tribes in Tripura. No doubt, a declaration has been sought challenging the entry showing the land as illegally transferred in violation of the provisions of Section 187(1) of TLR & LR Act, 1960 but this is a consequential declaration. Mr. Biswas, learned counsel for the petitioner, therefore, has submitted that by rejecting the prayer for rejection of the plaint by the impugned order, the Civil Judge, Sr. Divn., South Tripura, Udaipur has failed to exercise the jurisdiction vested in him.