LAL SADANAND SINGH Vs. MADAN MOHAN SAHU GAONTIA

JUDGEMENT

(1.) These are three connected Letters Patent appeals from a decision of Rowland J. The suits out of which the appeals arise were instituted by Lal Sadanand Singh against the three respondents. The latter are protected thikadars and the plaintiff claimed in each suit arrears of rent due from the defendants and in default of payment he prayed that he should be entitled to eject them from their villages and the sir lands appertaining thereto. The learned Munsif, who heard the cases in the first instance, decreed the plaintiff's claims and ordered that in default of payment of the thika jama decreed within a certain period the plaintiff, would be en-titled to eject the defendants. The defendants appealed to the Court of the learned Subordinate Judge. They failed to pay the thika jama decreed within the time allowed and prayed that such time be extended, The learned Subordinate Judge came to the conclusion that he had no jurisdiction to extend the time and dismissed the appeals which involved the ejectment of the defendants. The defendants appealed to this Court and the appeals were heard together by Rowland J.

(2.) He came to the conclusion that the plaintiff was not entifled to eject the defendants and accordingly he allowed the appeals and set aside the decrees for ejectment passed by the learned Subordinate Judge. The appeals came in the first place before a Bench of this Court consisting of Wort and Dhavle JJ. The learned Judges were of opinion that the authorities of this Court were conflicting and at the matter was one of importance they referred the appeals to the Chief Justice for the constitution of a Full Bench. The matter has accordingly been argued before this Bench. The plaintiff is the landlord proprietor of three villages whereas the defendants are protected thikadars of the villages concerned. The only point which has to be considered is whether a landlord is entitled to obtain a decree for ejectment against a protected thikadar in the Sambalpur district upon the ground of the latter's failure to pay the thika jama.

(3.) The legal position of a protected thikadar is dealt with in Section 65-A, C.P. Land Revenue Act, (18 of 1881). That Section enables a settlement officer to declare certain thikadars, gaontias or farmers to be "protected" for the purposes of that Section, and when a thikadar, farmer or gaontia is declared to be protected the settlement officer may, at the request of the proprietor of the village, determine the amount of the thika jama which shall be payable by such thikadar, gaontia or farmer. Sub-section (3) of the Section provides that any thikadar, farmer or gaontia who has been ejected or dispossessed may, in certain circumstances, obtain protection and be replaced in possession of the village. Sub- section (4) sets out the incidents of a tenure of a thikadar, farmer or gaontia who has been declared to be protected under the Section. The tenure is heritable but not transferable by sale, gift, mortgage or dower, and it is expressly declared that it is not saleable in execution of any decree nor can any decree be passed for the sale thereof. On the death of a thikadar leaving more than one heir bearing the same relationship to him, the eldest of such heirs is to succeed. This Sub-section contains other provisions relating to renewals of the holding on the termination of a lease or an agreement, settlement of disputes relating to the amount of the thika jama, enhancement of thika jama and such like. Sub-section (5) is an important Sub-section and is in these words: In any proceedings before, a Court for the ejectment of a thikadar, gaontia or farmer, if it appears that the thikadar, gaontia or farmer has filed an application before a Revenue Officer to obtain a declaration that he is protected, or if he files such an application before the Court, the Court shall stay proceedings until the application has been disposed of in accordance with the provisions of this Act, and shall, if the application is filed before itself, forward such application to the Deputy Commissioner or Settlement Officer for disposal.