Case Note & Summary
The petitioner/defendant, Bharatiya Adima Jatti Sevaka Sangh (Regd.), filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 20.04.2015 passed by the Prl. Civil Judge and 1st Addl. JMFC, Ranebennur, on I.A. No.14 in O.S. No.298/2013. The respondent/plaintiff, Sanjeevappa S/o Mallappa Kundapur, had filed the suit for declaration and permanent injunction in respect of suit schedule properties, claiming ownership and possession based on a registered sale deed dated 18.06.1998. The defendant resisted the suit, denying the plaint averments and claiming lawful ownership and possession. When the matter was posted for defendant's evidence, the defendant filed an application under Sections 61, 63, 140, 141, 142 and 143 read with Section 25 of the Karnataka Land Revenue Act, 1964, contending that the Civil Court had no jurisdiction to try the suit as the dispute involved measurement and identity of the property, which is exclusively triable by the Revenue Court. The Trial Court dismissed the application, holding that it had jurisdiction to entertain and try the suit. The High Court, in revision, examined the order and found that the Trial Court had correctly applied the law. The High Court held that the Civil Court has jurisdiction to decide the suit for declaration and injunction, and the bar under the Karnataka Land Revenue Act is not attracted as the suit is not for determination of revenue entries but for declaration of title and possession. The revision petition was dismissed, upholding the Trial Court's order.
Headnote
A) Civil Procedure - Jurisdiction of Civil Court - Ouster of Jurisdiction - Sections 61, 63, 140, 141, 142, 143, 25 of Karnataka Land Revenue Act, 1964 - The defendant filed an application under the Act contending that the Civil Court had no jurisdiction to try the suit as the dispute pertained to measurement and identity of property, which is exclusively triable by the Revenue Court. The Trial Court dismissed the application holding that it had jurisdiction. The High Court upheld the order, holding that the Civil Court has jurisdiction to decide the suit for declaration and injunction, and the bar under the Act is not attracted as the suit is not for determination of revenue entries but for declaration of title and possession. (Paras 1-6)
B) Civil Procedure - Revision - Section 115 CPC - Scope - The High Court in revision examined whether the Trial Court's order suffered from any illegality or material irregularity. It found that the Trial Court had correctly applied the law and that the Civil Court's jurisdiction was not ousted. (Para 6)
Issue of Consideration
Whether the Civil Court has jurisdiction to entertain a suit for declaration and permanent injunction in respect of agricultural land, when the defendant contends that the dispute relates to measurement and identity of property, which is exclusively triable by the Revenue Court under the Karnataka Land Revenue Act, 1964.
Final Decision
The High Court dismissed the Civil Revision Petition, upholding the order of the Trial Court dated 20.04.2015, which held that the Civil Court has jurisdiction to entertain and try the suit.
Law Points
- Civil Court jurisdiction
- ouster of jurisdiction
- Karnataka Land Revenue Act
- 1964
- Sections 61
- 63
- 140
- 141
- 142
- 143
- 25
- Section 9 CPC
- bar of jurisdiction
- presumption of jurisdiction
Case Details
2015 LawText (KAR) (06) 48
Civil Revision Petition No. 100040 of 2015
Sri. K L Patil (for petitioner), Sri. V P Kulkarni (for respondent)
Bharatiya Adima Jatti Sevaka Sangh (Regd.)
Sanjeevappa S/o Mallappa Kundapur
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Nature of Litigation
Civil Revision Petition challenging the order of the Trial Court dismissing the defendant's application for dismissal of suit for want of jurisdiction.
Remedy Sought
Petitioner/defendant sought to set aside the Trial Court's order and dismiss the suit for want of jurisdiction.
Filing Reason
The defendant contended that the Civil Court had no jurisdiction to try the suit as the dispute involved measurement and identity of property, which is exclusively triable by the Revenue Court under the Karnataka Land Revenue Act, 1964.
Previous Decisions
The Trial Court dismissed the defendant's application I.A. No.14, holding that it had jurisdiction to entertain and try the suit.
Issues
Whether the Civil Court has jurisdiction to entertain a suit for declaration and permanent injunction in respect of agricultural land when the defendant contends that the dispute relates to measurement and identity of property, which is exclusively triable by the Revenue Court under the Karnataka Land Revenue Act, 1964.
Submissions/Arguments
Petitioner/defendant argued that under Sections 61, 63, 140, 141, 142, 143 and 25 of the Karnataka Land Revenue Act, 1964, the Civil Court has no jurisdiction to decide the dispute regarding measurement and identity of the property, and only the Revenue Court has jurisdiction.
Respondent/plaintiff argued that the suit is for declaration and permanent injunction based on title and possession, and the Civil Court has jurisdiction to try such a suit.
Ratio Decidendi
The Civil Court has jurisdiction to entertain a suit for declaration and permanent injunction based on title and possession, and the bar under Sections 61, 63, 140, 141, 142, 143 and 25 of the Karnataka Land Revenue Act, 1964 does not oust the jurisdiction of the Civil Court as the suit is not for determination of revenue entries but for declaration of title and possession.
Judgment Excerpts
The petitioner/defendant filed the above Civil Revision Petition challenging the order dated 20.04.2015 on I.A. No.14 in O.S. No.298/2013, dismissing the application as not maintainable, holding that the Court has got jurisdiction to entertain and try the suit filed by the plaintiff in the present form.
The respondent/plaintiff filed O.S. No.298/2013 for declaration and permanent injunction in respect of the suit schedule properties, contending that he is the owner, in possession of the suit properties in question, based on a registered sale deed dated 18.06.1998.
When the matter was posted for defendant's evidence, defendant filed an application under Sections 61, 63, 140, 141, 142 and 143 read with Section 25 of the Karnataka Land Revenue Act, 1964, requesting the Court to dismiss the suit holding that it is only the Revenue Court which has jurisdiction to try the matter involved in the suit but not the Civil Court.
Procedural History
The respondent/plaintiff filed O.S. No.298/2013 before the Prl. Civil Judge and 1st Addl. JMFC, Ranebennur, for declaration and permanent injunction. The defendant filed written statement denying the plaint averments. When the matter was posted for defendant's evidence, the defendant filed I.A. No.14 under Sections 61, 63, 140, 141, 142, 143 and 25 of the Karnataka Land Revenue Act, 1964, seeking dismissal of the suit for want of jurisdiction. The Trial Court dismissed the application on 20.04.2015. The defendant then filed the present Civil Revision Petition under Section 115 CPC before the High Court of Karnataka, Dharwad Bench, which was dismissed on 10.06.2015.
Acts & Sections
- Code of Civil Procedure, 1908: 115
- Karnataka Land Revenue Act, 1964: 61, 63, 140, 141, 142, 143, 25
