SM LILA DEVI Vs. BHATU MAHTON

JUDGEMENT

(1.) This appeal is presented against an order of the Subordinate Judge of Gaya refusing to grant an injunction restraining the respondents from proceeding with a reference under the Bihar Bakasht Dispute Settlement Act (XIII [18] of 1947).

(2.) Plaintiffs 1 and 2 alleged that they had taken raiyati settlement of bakasht land from defendant 2nd party at a fixed rate of rent; that subsequently they sold the land to plaintiffs 3 to 18 by registered sale deeds. But defendants 1st party made a false claim to the land alleging that they had taken a previous oral settlement from the malik. Apprehending that there would be a breach of the peace, the Sub-divisional Magistrate started proceedings under Section 145 and made an interim order of attachment under Section 145 (4), Criminal P. C. Defendant 1st party then applied to the District Magistrate for making a reference under Bihar Act XIII [13] of 1947. On 5-9-1949, the District Magistrate after hearing the parties referred the dispute to a Board constituted under Section 3 of the Act. The plaintiffs alleged that since there was no dispute between the landlord and tenant the reference made by the District Magistrate was ultra vires and illegal. The plaintiffs, therefore, asked for a declaration to this effect and prayed for a permanent injunction restraining the defendants from proceeding before the Arbitration Board. The principal defendant objected to the issue of temporary injunction on the ground that the plaintiffs had made a fraudulent claim to the land in collusion with the landlord, that the dispute was in substance a dispute between the landlord and tenant with respect to bakasht land, that the reference made by the District Magistrate was legal and valid. The principal defendant maintained that the Board was legally constituted under the Act and the civil Court had no jurisdiction to restrain the Board from proceeding with the case.

(3.) In support of this appeal Mr. Lal Narain referred to Order 39, Rule 2, Civil P. C., which is to the following effect :