AJGARH ALI Vs. ABDUL SIDDIQUE

JUDGEMENT

(1.) This review application was assigned to me by Hon'ble Chief Justice vide order dated 3.2.96 and accordingly this matter was heard by me on 9.10.96. Heard Mr S.N. Bhuyan, learned counsel for the review petitioners and Mr H.N. Sarma, learned counsel for opposite party.

(2.) The question of law which is involved in this review application is whether the bar to the jurisdiction of the civil court as mentioned in Section 154 (1) (a) of the Assam Land and Revenue Regulation, 1886 is applicable to the facts of the present case. The learned Single Judge by his impugned judgment held that the civil court has no jurisdiction to entertain the suit and the same should have been dismissed. Accordingly, he allowed the appeal and reversed the judgment and decree of the court below and dismissed the suit.

(3.) The brief facts are as follows: The review petitioners as plaintiff filed a suit in the Court of Munsiff at Barpeta for declaration of their title in the suit land and delivery of khas possession. The case of the plaintiffs was that they were granted annual patta in respect of the suit land in the year 1964-65 and since then they have been in possession of the land, though annual patta was not renowned. The grievance of the plaintiffs was that on 15.1.73 and defendants in a body entered in the suit land and dispossessed the plaintiffs claiming their right on the basis of mutation of their names in the chitha. The plaintiffs thereafter filed a suit claiming relief as indicated above. The suit was contested by the defendants. One of the grounds taken by the defendants was that the civil court has no jurisdiction to try the suit. This plea was based on the provision of Section 154( 1) (a) of the Assam Land and Revenue Regulation, 1886 (hereinafter called 'Regulation'). . The trial Court found inter alia as follows: