Misra, J. - (1.) The present appeal by special leave is directed against the Full Bench decision of the High Court of Gujarat at Ahmedabad dated 23rd of September, 1976. The sole question for consideration in this appeal is whether Civil Court has jurisdiction to entertain and decide the suit giving rise to the present appeal.
(2.) There is an old institution known as Edroos Dargah of Hazrat Sayedina Mohomed-Bin Abdulla El-Edroos at Surat. Village Orma is an inam village held by the said institution. The dispute in the present case relates to the property of the said village Orma comprising its soil, trees. lanes. roads together with cultivated lands of about 1093 acres with land revenue alienated (aggregating ) Rs. 2,747.10.5. Pursuant to the Bombay Personal Inams Abolition Act. 1952 (Act 42 of 1953) hereinafter referred to as 'the 1952 Act', the State of Bombay and after the re-organisation of States, the State, of Gujarat, declared that the said Act was applicable to village Orma from lst of August, 1955 and, therefore, the exemption from the payment of land revenue was extinguished from the 1st of August, 1955. Accordingly the State of Bombay through its Mamlatdar of Olpad sent a notice to the Sajjadanashin of the institution to that effect and also demanded the village records from his possession. He also proceeded to take further and consequential action and declared that the rights of the institution in public roads, lanes, village site and land etc. are extinguished. In the circumstances the Sajadanashin was obliged to file the suit which was later on numbered as suit No. 9 of 1956.
(3.) The stand of the plaintiff is that village Orma was an inam village held by the religious institution of Edrooe Dargah and the provisions of Section 4 of the 1952 Act have no application in view of Clause (2) of Section 3 of the said Act. The defendant State contested the suit on grounds inter alia that the village in question was a personal inam within the meaning of Section 2 (1) (e) of the 1952 Act and the State Government alone is competent to decide the question whether the grant is a personal inam or not and the Civil Court has no jurisdiction to decide the question.;