Case Note & Summary
The appellants, Digambar Dattu Dessai and Deepa Dagambar Dessai, filed a civil suit (Civil Suit No. 25 of 2006) before the District Judge, South Goa, Margao, seeking a declaration that the entries in the survey records regarding the name of their deceased father in the tenant's column were superfluous and required to be deleted. The appellants claimed that they had purchased the property (survey no. 31/44 of Village Xelvona) through a sale deed executed in 2004 by the original landlord, and after mutation proceedings, their names were entered in the occupant's column for 610 square metres. However, the name of their deceased father continued to appear in the tenant's column. Despite an affidavit from the father, the authorities did not delete his name. The appellants served a notice under Section 80 CPC and filed the suit. The respondents (Deputy Collector, Director of Settlement and Land Records, and State of Goa) filed an application under Order VII Rule 11 CPC for rejection of the plaint, which was allowed by the learned District Judge on 29.09.2007, holding that the suit was barred under Section 106 of the Land Revenue Code read with Rule 49 of the Land Revenue Rules. The appellants appealed to the Bombay High Court at Goa. The High Court, after hearing arguments, held that the learned Judge misconstrued the provisions. The court observed that Section 106 bars the jurisdiction of civil courts only in respect of orders passed under the Code, not suits seeking declarations regarding the correctness of entries. The suit did not challenge any order but sought a declaration that the entries were superfluous. The court also noted that the second part of the relief (deletion) might not be maintainable, but the first part (declaration) was maintainable. Consequently, the High Court allowed the appeal, set aside the impugned order, and directed the learned District Judge to dispose of the suit on merits.
Headnote
A) Civil Procedure Code - Order VII Rule 11 - Rejection of Plaint - Maintainability of Suit - The court held that the suit for declaration that entries in survey records regarding the name of the deceased father were superfluous and required to be deleted is not barred under Section 106 of the Land Revenue Code read with Rule 49 of the Land Revenue Rules, as the suit does not seek to challenge any order passed under the Code but seeks a declaration regarding the correctness of entries. The learned Judge erred in rejecting the plaint without considering that the suit was maintainable. (Paras 2-6) B) Land Revenue Code - Section 106 - Bar of Jurisdiction of Civil Courts - The court interpreted Section 106 of the Land Revenue Code and held that the bar applies only to orders passed under the Code, not to suits seeking declarations regarding the correctness of entries in survey records. The suit filed by the appellants was for a declaration that the name of the deceased father in the tenant's column was superfluous, which does not fall within the ambit of Section 106. (Paras 3-6) C) Land Revenue Rules - Rule 49 - Mutation Proceedings - The court noted that Rule 49 deals with mutation proceedings and does not bar a civil suit for declaration of title or correction of entries. The appellants had sought a declaration that the entries were superfluous, which is a civil right enforceable in a civil court. (Paras 3-6)
Issue of Consideration
Whether the civil suit for declaration that entries in survey records regarding the name of the deceased father were superfluous and required to be deleted is barred under Section 106 of the Land Revenue Code read with Rule 49 of the Land Revenue Rules, and whether the plaint was liable to be rejected under Order VII Rule 11 CPC.
Final Decision
The High Court allowed the appeal, set aside the impugned order dated 29.09.2007, and directed the learned District Judge to dispose of the suit on merits in accordance with law.
Law Points
- Order VII Rule 11 CPC
- Section 106 Land Revenue Code
- Rule 49 Land Revenue Rules
- maintainability of civil suit
- rejection of plaint
- declaration of title
- mutation entries
