MUNSHI RAM Vs. BALWANT SINGH

JUDGEMENT

(1.) PETITIONER filed a suit under section 9 of Specific Relief Act in the court of Sub Judge, Reasi, seeking recovery of possession of land measuring 5 Kanals and 2 marlas comprising khasra No: 365 situate at Dharan Tehsil Reasi. The case set up was that he was forcibly dispossessed from the land by defendants on 1. 5. 1986 In their written -statement defendants contended that they were in possession as co sharers. They also raised an objection that the matter was triable by the Collector under the provisions of Agrarian Reforms Act. Their objection was over ruled initially vide order dated 23.12.1986. but it eventually prevailed culminating in order dated 28.8.1989, which is impugned in this revision petition. Learned Sub -Judge has referred the matter to collector for adjudication and petitioner has filed this revision to persuade this court to hold that civil court had the jurisdiction to try the suit. Therefore, which of the two forums has the jurisdiction is the short controversy involved.

(2.) THE examination of the issue calls for a brief reference to the - relevant provisions of the Agrarian Reforms Act (for short Act Section 25 creates a bar of jurisdiction for civil courts and reads as under: Notwithstanding as this contained in any law for the time being in force; -

(3.) ON a Plain reading of the provision, it is manifest that civil courts are debarred from deciding all such questions and matters which may arise out of the Act and the rules made there under. Therefore, before the bar created / may apply it is to be seen whether the question. or the matter is one which is required to be settled or decided within the four corners of the Act. This naturally leads to a roving survey of the provisions contained in the Act to ascertain as to what matters and questions can be dealt with by the authorities created under the Act. Section 19 comes handy in this regard and .it must be pointed out at the very outset that this provision has suffered periodical amendments creating confusion in the process. The relevant clause of this Section requires to be reproduced before and after the amendment, which reads as under: - Before amendment: Section 19(3" The following applications and proceedings shall be disposed of by the Collector : -