ANIRUDH SINGH Vs. TARKESHWAR SINGH

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiffs in a suit brought by them under Rule 8 of Order 1 of the Code of Civil Procedure for removal of certain encroachment (sic) a gairmazrua am land forming part of plot Nos. 1925 and 2711 in village Diha and serving as pind of Barka Ahar, which is alleged to be a public bank. The plaintiffs have also sued for issue of a permanent injunction restraining the defendants from making any encroachment upon the suit plots.

(2.) Defendants Nos. 1 to 3 filed a written statement in paragraph 6 of which it was stated that the plaintiffs have already taken recourse to the remedy provided under the Bihar Public Land Encroachment Act 1956 (Bihar Act XV of 1956) and the said proceedings is pending before the Land Reforms Deputy Collector at Giya and "as such the pre- sent suit is barred and the Court has no jurisdiction to adjudicate upon the same subject-matter which is already sub judice before the said Land Reforms Deputy Collector. It should be noted that the said proceeding has been initiated before the filing of the present suit".

(3.) Twelve issues were framed by the learned munsif before whom the suit was pending. Issue No. 1 was whether the suit as framed was maintainable and issue No. 9 was whether the suit was barred by the provisions of the Bihar Public Land Encroachment Act. The question of jurisdiction and maintainability of the suit was taken up for decision as preliminary issues in the case and the Courts below have concurrently held that the suit is barred by the provisions of the aforesaid Act and that the Civil Court has no jurisdiction to adjudicate upon the matter in respect of which proceeding already taken in the revenue Court is still pending.