SANKAR KUMAR BHATTAR Vs. TEHSILDAR-CUM-REVENUE OFFICER

JUDGEMENT

(1.) The main question for consideration in these writ applications is whether the amendment of Section 15 (1) of Orissa Land Reforms Act (hereinafter referred to as 'the Act') on 2-10-1973 conferring exclusive jurisdiction on the Revenue Officer to decide the dispute of the existence of the relationship of landlord and tenant would oust the jurisdiction of the Sub-Judge to adjudicate upon the selfsame dispute in suits filed by landlords against the alleged tenants before the amendment came into operation and pending before him on the date of such operation of the amendment.

(2.) Relevant facts may now be stated. The petitioners in these writ applications are admittedly 'landlords in respect of 163.24 acres of land situated in Basta tahsil in the district of Balasore, comprised in two chaks, having purchased landlords' interest from late Muralidhar Bhattar and Gopikrushna Bhattar. They filed two suits in the Court of the Sub-Judge, Balasore, one on 25-4-1973 in respect of 110.84 acres of disputed lands registered as O. S. No. 35 of 1973 and the second on 20-6-1973 registered as O. S. No. 48 of 1973 in respect of 51.93 acres of the disputed lands. In both these suits they prayed for permanent injunction restraining the opposite parties from disturbing their peaceful possession over the suit lands alleging that the latter having no manner of right, title to or interest in respect of the same were threatening to trespass upon it. The case of the opposite parties in their written statements filed in the aforesaid two suits is that they are bhag chasis in respect of the disputed lands for more than thirty years, denying the plaint allegation that they are totally unconnected with the disputed lands threatening to trespass thereupon. The petitioners prayed for interim injunction in the suits, but the same was refused on 26-6-1973. The Sub-Judge however, appointed a receiver to take charge of the cultivation on 30-11-1973 with regard to the entire disputed lands of about 163 acres.

(3.) Issues were struck in the civil suits of which issue No. 3 runs as follows:-" Is the suit maintainable in law in the Civil Court?" The Sub-Judge decided this issue preliminarily in the two suite against the petitioners and dismissed the suit on 22-8-1974. The petitioners, thereafter, carried the matter to the District Judge, Balasore in Sub-Judge Appeals Nos. 38 and 39 of 1974. The District Judge by his judgment dated 24-2-1975 allowed these appeals holding that the suits are maintainable and remanded the same for trial of the other issues. Against these judgments of the District Judge the opposite parties have filed Miscellaneous Appeals 51 and 52 of 1975 as also Civil Revisions Nos. 175 and 176 of 1975 by way of abundant caution, in case Miscellaneous Appeals are not maintainable. These two Miscellaneous Appeals and Civil Revisions have been kept pending awaiting the final decisions in these writ applications.