SHUBHASH YADAV Vs. PRIYABRAT YADAV

JUDGEMENT

(1.) HEARD learned counsel for the petitioners as well as learned counsel, appearing for the respondents.

(2.) PETITIONERS are aggrieved by order dated 10 -12 -2007 passed by learned Sub Judge -III, Saharsa in Title Suit No. 107 of 2003 by which and whereunder, he rejected the petition filed by petitioners under Section -43 of Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 as well as under Section -9 of the CPC and accordingly, refused to dismiss the suit on the point of maintainability.

(3.) LEARNED counsel, appearing for petitioners submits that admittedly, respondent No. 1 claimed his preemptory right in respect of 14 Katha of land and the matter in ceiling appeal is still pending and it is also an admitted position that sale deed No. 528 dated 11 -01 -2003 covers 7 1/2 Katha of lands of above -said 14 Katha of lands. Therefore, issues in both the cases are almost similar and furthermore, Section 43 of Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 says in very clear terms that no civil court shall have jurisdiction to settle, decide or deal with any question, which is by or under this Act, required to be settled, decided or dealt with by the Board of Revenue. He further submitted that when the question of maintainability was raised before the learned court below, the learned court below ought to have decided the aforesaid dispute as preliminary issue but the learned court below committed error in passing the impugned order, which cannot sustain in the eye of law.