SOUDAMINI DASI Vs. AKANUDDIN SHEIKH

JUDGEMENT

(1.) This Rule was obtained by the Petitioner who was the Plaintiff in the instant suit for recovery of bhag produce for the years 1358 to 1360 B.S. The suit was instituted in the Civil Court. The defence was that the suit was not maintainable and the Plaintiff's remedy, if any, was before the Bhagchash Conciliation Board.

(2.) The learned Munsif, upon the view that Sec. 7 of the Bargadars Act, which was in force at the time, ousted the jurisdiction of the Civil Court in matters like the present and vested the same in the Bhagchash Conciliation Board, held that the suit was not triable by the Civil Court and directed return of the plaint to the filing lawyer for presentation to the Bhagchash Conciliation Board.

(3.) On appeal, the said decision was affirmed by the learned Additional District Judge in view of the decision of this Court, reported in Md. Ismail Miah v/s. Tom Munda , (1954) 59 C.W.N. 658 although the learned Judge was inclined to hold the contrary and agreed with the view, expressed by Bachawat and Guha Ray, JJ. in their referring judgment to the Full Bench in Full Bench Reference No. 1 of 1956. The matter then was taken up to this Court by the unsuccessful Plaintiff and the present Rule was obtained.