MOHAMAD HATAM Vs. RAMDUTT KISANDAYAL FIRM

JUDGEMENT

(1.) 1. The order sought to be revised is clearly wrong and cannot be allowed to stand. The wording of the notification is clear and ousts the jurisdiction of the civil Courts in the matter of the execution of decrees in cases in which any interest, in land used for [agricultural purposes or held on a tenure which is recognized at the time of the settlement of such land, or of houses or of other immovable property connected with such land or interest, and used for agricultural purposes, is to be sold, and transfers it to the Collector with effect from 1st April 1927. The proposed sale by the civil Court would thus be ultra vires and without jurisdiction and the same must be therefore stopped. I therefore set aside the order and direct the lower Court to transfer the execution of the decree to the Collector as required by the notification.

(2.) THE revision is allowed with costs to be paid by the non-applicant, The pleader's fee will be Rs. 50 in this Court.