GANGA CHAMAR Vs. BINDESARI RAI

JUDGEMENT

(1.) In this casa an ejectment suit was brought in the revenue Court against Bindesari Rai, the present plaintiff-respondent, on the allegation that he was the sub-tenant of the present defendants. His defence was that he was the mortgagee and proprietor of the land. The revenue Court, acting under Sub-section (1)(b) of Section 199 of the Tenancy Act, ordered him to file a suit in the civil Court within three months for a declaration of his title. The question is whether he is entitled to ignore that order and file a suit after the expiry of the three months period, and if he does so, whether the civil Court should entertain it. The date of the Revenue Court's order was 19 November, 1921. The period of three months expired on 19 February, 1922. The suit was filed two months later, on 19 April, 1922. It was subsequently withdrawn with liberty to file a fresh suit and a fresh suit was filed on 3 January 1923. It may be taken as settled by the decision in Randhir Singh V/s. Bhaqwan Das (1913) 35 All. 541 that if the original suit had been filed in time, there would have been a sufficient Compliance with the revenue Court's order. Here even the original suit was filed after three months. The lower appellate Court holds that the plaintiff can maintain the suit because it was filed not in accordance with the revenue Court's order but independently of it. The only reason it gives for this singular view is that the suit in the revenue Court is still pending. If the suit had been filed within three mouths, the revenue) Court would have been bound to allow the ejectment suit to remain pending till the civil suit was decided. As the suit, though filed after three months, has been entertained by the civil Court, the revenue Court appears to be awaiting the result of this appeal.

(2.) The question is really concluded by the decision in Taimur Ali Shah V/s. Shah Muhammad Khan (1918) 41 All. 211, decided with reference to precisely similar provision in the Land Revenue Act. That decision followed an earlier single Judge decision in Banwari Lal V/s. Gopi (1907) 30All. 44 which was a case under Section 199 of the Tenancy Act. As however, the suggestion has been made that special period provided by Section 199 is prescribed only for the purposes of suit in the revenue Court and could not affect either the period of limitation provided by the Limitation Act or the jurisdiction of the civil Court to entertain the suit if brought at any time, it is perhaps desirable to examine the principles on which the decision rests.

(3.) Section 167 of the Tenancy Act reserves certain classes of suits and applications expressly for the decision of the revenue Courts. It not only provides that revenue Courts alone shall decide them but it goes further and excludes the Civil Court from taking cognizance of "any dispute or matter in respect of which any such suit or application might be brought or made." Among the matters reserved for the revenue Court is the ejectment of a tenant. In fact it may be said generally that a dispute as to wheter the relationship of landlord and tenant exists between the parties is one within the exclusive jurisdiction of the revenue Court on the other hand, questions of proprietary right are in general reserved for the civil Court. But the same question may be in one aspect a dispute as to the existence of tenancy and in another a dispute as to proprietary right. That situation arises whenever, as here, a defendant alleged to be the tenant of the plaintiff pleads that he is not a tenant but a proprietor or mortgagee of the land. In such a situation there was always a danger of conflicting decrees being passed. In the ejectment suit the revenue Court might hold that B was the tenant of A and eject him. The Civil Court might hold that B was the proprietor of the land and A a trespasser. To prevent this conflict of jurisdiction the scheme of Section 199 was devised. The revenue Court before which the question of title was raised was given the option of deciding the question itself or of referring it to the civil Court. If it adopts the former course, it becomes a civil Court for the time being and its decision will be res judicata for any civil suit. If it adopts the second court it must direct the suit to be instituted within a limited time, namely three months, and if the suit is not instituted within that time, must decide the question of title against the defendant. This decision will also be a final decision between the parties.