Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jurisdiction of court Punjab Tenancy Act 1887 Suit for ejectment of licence from agricultural lands |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Jurisdiction of court - Suit for ejectment of licence from agricultural lands-Defendant claiming to be tenant-Suit if maintainable in Civil Court-Punjab Tenancy Act 1887 (Punj. XVI of 1887), S. 44 and 47.The appellant filed a suit before the Civil Court for the ejectment of the respondents on the ground that they were licenses. The respondents claimed that they were occupancy tenants and contended that under s. 77 of the Punjab Tenancy Act, 1887, the suit was triable by a revenue court only and not by the civil court. The trial court and the first appellate court decreed the suit holding that the respondents were not tenants. On second appeal the Judicial Commissioner held that the respondents were occupancy tenants and that the civil court had no jurisdiction to entertain the suit. Held, that the civil court had jurisdiction to entertain the suit. Section 77 of the Punjab Tenancy Act was applicable only to suits between landlord and tenant where there was no dispute that the person cultivating the land was a tenant. But where the status of the defendant as a tenant was not admitted by the landlord, s. 77 did not bar a suit in a civil court.Held, further that the finding of the first two courts that the respondents were not tenants was one of fact even though documentary evidence had to be considered in determining the question and the Judicial Commissioner had no jurisdiction to interfere with It In second appeal. The Judicial Commissioner had ignored the presumption which arose from entries in the revenue records under s. 44 of the Act and this vitiated his findings. Where there is conflict between prior and subsequent entries, the later entries must prevail. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1962 INSC 182 |
Petitioner | Shri Raja Durga Singh Of Solan |
Respondent | Tholu |
SCR | [1963] 2 S.C.R. 693 |
Judgement Date | 1962-05-01 |
Case Number | 382 |
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