DAULATRAM LAKHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) A question of great public importance is involved in this reference. Realising the importance of the subject, one of us (Hansaria, J.) sitting singly referred the following question of law for answer:

(2.) The core facts which deserve notice to answer the question are these: The plaintiff was possessing 48 bighas and odd land in some villages of Goalpara district. He came to possess the land after having acquired the right of occupancy from various persons. By an order dated 26-10-1966, the Deputy Commissioner, Goalpara, acting under the provisions of Rule 18 of the aforesaid Rules, ordered for eviction of the plaintiff from the aforesaid land as the land had vested in the State under the provisions of the Assam Acquisition of Zamindari Act. An appeal was preferred against the order of eviction before the Assam Board of Revenue. The appeal, however, came to be dismissed on 7-2-1969. It is alleged, that on 15-12-1969 forcible possession of the suit land was sought to be taken by the Sub-Deputy Collector when the plaintiff was made to sign a paper stating that he was possessing the land as a tenant of the Government whereupon he was allowed to occupy the land. The present suit was filed thereafter on 5-8-1970 seeking a declaration of the plaintiff's right, title and interest over the suit land, so also for declaration that the encroachment case started against the plaintiff was void and inoperative. A prayer was also made for confirmation of the plaintiff's possession over the suit land and in the alternative to allow khas possession of the land.

(3.) Among other pleas taken by the defendants one was that the civil court had no jurisdiction to try the suit. The trial court accepted the plea as it felt satisfied that its jurisdiction has been taken away by Sections 154(1)(c). 154(2) and 154-A of the Assam Land and Revenue Regulation, 1886, for short the Regulation.