DHAKA SINGH Vs. BALESHWAR PRASAD SINGH

JUDGEMENT

(1.) This Second Appeal by the plain tiff is against a judgement of reversal.

(2.) The only significant question involved in this second appeal is whether S.43 of the, Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (shortly known as the Bihar Land Ceiling. Act) was a bar to the jurisdiction of the Civil Court to maintain the suit.

(3.) On 13-9-1966 a Ceiling Case No. 6 of 1966-67 was filed under S.16(3) of the Bihar Land Ceiling Act (hereinafter referred to as the Act) by the intervenor-defendants of the suit in question. Admittedly in that Ceiling Case the plaintiff-appellant was not a party. But defendants 5 to 8 of the present suit were parties in the Ceiling Case filed by the intervenor-defendants. The present suit by the plaintiff-appellant was filed the very next day of the filing of Ceiling Case No. 6 of 1966-67 by the intervenor-defendants (claiming pre-emption) i.e. the suit in question was filed on 4-9-1966. The aforesaid case under the Ceiling Act and the suit - both proceeded simultaneously. The case under the Ceiling Act was disposed of by order dt. 13-5-1971 and the suit was decreed on 28-3-1972.