CHANDEV KISHORE Vs. BISHAN DASS

JUDGEMENT

(1.) THIS revision petition is directed against the order of the trial Judge, whereby he negatived the plea of the defendant-petitioner that the Civil Court had no jurisdiction to entertain the suit.

(2.) BISHAN Dass, respondent plaintiff, came to the Court with the plea that he was owner-in-possession of House No. 5-A/56, N. I. T. , Faridabad and had been in continuous possession of the property adjacent thereto, but defendant No. 1 with the help of defendant No. 2 was out to dispossess him. The allotment by defendant No. 2 in favour of defendant No. 1 was illegal.

(3.) DEFENDANT No. 1 in his written statement maintained that the plot in suit had been transferred to him vide Certificate of Conveyance issued under Rule 118 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955. He produced a copy of the Deed of Indenture in the trial Court giving the description and boundary of the plot sold to him. Copy of the Conveyance Deed was also produced before me. Perusal thereof reveals that the Deed of Conveyance was executed by Tehsildar (Sales)-cum-Managing, Officer, Faridabad, in favour of respondent No. 1 and the same was registered by the Sub-Registrar, Faridabad on August 6, 1985. The plaintiff's grouse that the transfer was invalid could not be assailed in the Civil Court. The remedy, if any, Jay before the authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short, the Act ). Section 46 of the Act reads as under :-" 36. Bar of jurisdiction.--Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Central Government or any officer or authority appointed under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. "