KRUSHNA KUMARI BEWA Vs. KENDRAPARA CO OPERATIVE LAND

JUDGEMENT

(1.) The core question that arises for consideration in this Civil Revision petition is whether the decree under execution is a nullity in view of the provisions of the Orissa Land Reforms Act, 1960 (hereinafter referred to 'the O. L. R. Act') which bar jurisdiction of the Civil Court.

(2.) THE opposite party, Kendrapara -Co -operative Land Development Bank, filed Title Suit No. 394 of 1978 in the Court of the Munsif, Kendrapara, for arrears of bhag dues, eviction of the petitioner from the suit land and for delivery of possession through Court. The suit was decreed ex parte against the petitioner. Thereafter, the opposite party -decree -holder filed Execution Case No. 11 of 1981 for execution of the above mentioned decree. In the execution case, the petitioner filed an application under Section 47. Civil Procedure Code ('Code' for short), challenging the decree on two grounds ; (i) that the execution case is hit under Sec, 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Consolidation Act, ) ; and (ii) that the Civil Court had no jurisdiction to entertain the suit in view of Section 15 read with Section 67 of the O. L. R. Act. The trial Court by the impugned order over ruled both the objections and dismissed the petition under Section 47, C. P. Code.

(3.) BEFORE considering the contentions raised by the counsel for the parties,it would be helpful to quote the relevant provisions of the O. L. R. Act material for the case. Section 2(24) defines Privileged Raiyat as follows : - - - - 2. xx xx xx(24) 'Privileged Raiyat' means ; - (a) a co -operative society registered or deemed to be registered under the Orissa Co -operative Societies Act, 1962, and includes a Land Development Bank and State Land Development Bank as defined in that Act ; Section 2(31) defines 'tenant' as follows : (31) 'Tenant' means a person who has no right in the land of another but under the system generally known as Bhag, Sanja or Karta or such similar expression as under any other system, law, contract, custom or usage personally cultivates such land on payment of cent in cash or in kind or in both or on condition of delivery of that person -: (a) Either a share or the produce of such land ; or (b) The estimated value of a portion of the crop raised on the land ; or (c) A fixed quantity of produce irrespective of the yield from the land ; or (d) Produce or its estimated value partly in any of the ways described above and partly in another. Section 12 of the Act provides as follows : 12. Decision of dispute among landlords and raiyats -(1) Any dispute between a raiyat and his landlord relating to - (i) The landlord's right to evict the raiyat under Section 8; or (ii) The rights conferred under Sections 4, 9 and 10, or (iii) The raiyat's right to possession of the land and his rights to the benefits under this Act, shall be decided by the Revenue Officer on an application to be filed by any person interested : Provided that such application shall be filed before Revenue Officer in the prescribed manner within sixty days from the date on which the dispute arises. (2) On receipt of an application under Sub -Section (1) the Revenue Officer shall, after making such enquiry, as may be necessary, pass such orders as he deems fit. (3) The Revenue Officer may take such further steps as he may consider necessary to give effect to the orders passed under Sub -Section (2). Section 14 of the Act sets out the grounds for eviction of tenant. Section 15, which is very much material for the case is quoted in extenso. 15. 'Recovery of rent and dispute between landlord and raiyat or tenant: - (1) Any claim for recovery of arrears of rent by a landlord and any dispute between a landlord and his raiyat or tenant as the case may be. as regards - (a) the quantum of rent payabe; or (b) tenant's possession of the land and his rights to the benefits under this Act; or (c) the right of the landlord to terminate the tenancy of a tenant under Section 14 or the liability of a tenant to cease to cultivate the land under that section ; or (d) the existence of the relationship of landlord and tenant shall be decided by the Revenue Officer on an application to be filed (in the prescribed manner) by any party interested : Provided that an application in respect of - (a)a claim for recovery of arrears of rent, shall be filed within one year from the date on which such arrear falls due ; (b) a dispute referred to in Clauses (c) and (c) shall be filed within sixty days from the date on which the dispute arises ; and (c) a dispute referred to in Clauses (c) and (d) shall be filed within two years from the date on which the dispute arises: Provided further that in the case of any dispute referred to in Clauses (b) and (d) which bad arisen prior to the, date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975, an application in respect thereof may, if not filed earlier, be filed within one year from the said date.(2) On receipt of the application under Sub -Section (1), the Revenue Officer may, after making such enquiry as he deems fit, direct the payment of arrears of rent, if any, found due or determine the quantum of rent under Clause (a) or in cases under Clauses (b), (c) and (d) thereof, order the tenant by a notice served in the prescribed manner and specifying the grounds on which the order is made to cease, to cultivate the land : Provided that in case of dispute arising out of a matter mentioned in clause (c) of Sub -Section (1) of Section 14, the Revenue Officer, before ordering the tenant to cease to cultivate the land shall decide, if rent had been duly offered and may allow reasonable opportunity to the tenant to pay or deliver to his landlord the rent payable.(3) An order for eviction made by the Revenue Officer under Sub -sec (2) shall take effect on and from the first day of the year next following the date on such older. (4) If any tenant on whom a notice under Sub -Section (2)has been served does not cease to cultivate the land the Revenue Officer may take such steps as he may deem necessary for the purpose of giving effect to his orders. (5) If after holding enquiry under Sub -Section (2) the Revenue Officer is satisfied that the tenant was cultivating the land at the date of commencement of this Act, or at any time there after, and that he is being unlawfully prevented from cultivating such land by his landlord, he may in addition to the penalty that he may impose on the landlord under Section 18, order the landlord by a notice served in the prescribed manner to allow the tenant to enter the land forthwith and to cultivate it as a tenant. (6) If the Revenue Officer is satisfied after such further enquiry as he may deem necessary that the landlord has failed to comply with his order under Sub -Section (5), he shall take such steps as may be necessary to put the tenant in possession of the land. (7) Pending final disposal of the dispute under this section, the Revenue Officer may pass such interim orders relating to the appointment of Receiver, for taking charge of the crops, or getting the lands cultivated (restraining the landlord from interfering with the tenants, cultivation of the land or for such other purposes) as may deem necessary or expedient.' Section 24(2)of the Act, it is provided that nothing in Chapter -III shall apply in respect of the lands held by a landlord, who is a privileged raiyat or a person under disability. Section 67, O. L. R. Act reads as follows: Section 67. 'Bar of jurisdiction of Civil Court (Save as otherwise expressly provided in this Act) no Civil Court shall have jurisdiction to entertain any suit or proceeding so far as it relates to any matter which any officer or other competent authority is empowered by or under this Act to decide.' On a bare reading of the provisions quoted above the position that emerges is that if the O. L. R. Act contains a provision for dealing with a matter any dispute relating to the said matter is out of the purview of the Civil Court. For adjudication of such dispute recourse can be had only to the forum prescribed under the O. L. R. Act and the order passed by the prescribed authority, subject to appeal or revision, if any, is final and it is not available to be challenged in any Court of law. From the provisions under Section 15 of the O. L. R. Act, it is clear that any dispute regarding existence of relationship of landlord and tenant; the quantum of rent payable by the tenants tenant's possession of the land and his rights to the benefits under the Act; the right of the landlord to terminate the tenancy of a tenant under Section 14; the liability of a tenant to cease to cultivate the land under that section are to be decided by the Revenue Officer on an application being filed.