Dismissed

Ram Chand v. Amar Singh

Himachal Pradesh HC3 May 2024CMPMO/104/2015

Case brief

AI extract

What is this about?

Tenants challenged a Trial Court order dismissing their application to frame a preliminary issue on the Civil Court's jurisdiction under the H.P. Tenancy Land Reforms Act. The High Court declared the order sustainable as the suit involved complex pleas of adverse possession and injunction requiring full adjudication.

What did the court decide?

The present petition is dismissed; pending applications, if any, are disposed of.

Ram Chand Vs Amar Singh — Landlord and Tenant | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CMPMO No. 104/2015 Decided on: 03.05.2024

Ram Chand & Ors.

…...Petitioners

Versus

Amar Singh & Ors. …… Respondents.

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Coram

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Ms. Justice Jyotsna Rewal Dua, Judge .

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Whether approved for reporting?¹

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For the petitioners: Mr. R.L. Sood, Sr. Advocate with Mr. Arjun Lal, Advocate. For the respondents: Mr. Parveen Chauhan, Advocate vice Mr. Y.P. Sood, Advocate, for respondents No.2 to 4. Mr. Pranay Pratap Singh, Additional Advocate General, for the respondent/State.

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Jyotsna Rewal Dua, J

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Petitioners were defendants before the learned Trial Court. Their application moved under Order 14 Rules 1 and 2 read with Section 151 of the Civil Procedure Code for framing a preliminary issue with regard to the jurisdiction of the Court to try the subject matter of the civil suit on that issue alone has been dismissed by the learned Trial Court on 15.11.2014.

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1 Whether reporters of the local papers may be allowed to see the judgment? yes

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This order has been assailed in this petition moved

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under Article 227 of the Constitution of India.

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Heard learned counsel on both sides and considered the case record.

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3(i) The suit was instituted by the respondents for declaration that they were tenants over the suit land and after coming into force of the H.P. Tenancy Land Reforms Act, 1972 (the Act in short), they have acquired the ownership right on the same. The edifice of the plaint was that the predecessor of the plaintiffs were inducted as tenants over the suit land by its original owner and after coming into force of the Act, they had become owners of the same by operation of law.

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The respondents-plaintiffs also sought declaration that the order dated 22.04.2008 passed by the Collector regarding vestment of the suit property was null and void as they were not associated in the proceedings. It was claimed that in case the plaintiffs were not able to establish the tenancy, then also they were entitled to the relief of declaration as they had improved their title by way of adverse possession as they were in settled possession of the suit land for the last 60 years.

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3(ii) The petitioners-defendants moved an application for framing a preliminary issue objecting to the jurisdiction of the Court. The plea taken was that jurisdiction of Civil Court was expressly

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barred under the provisions of the H.P. Tenancy Land Reforms Act; The proceedings under Section 118 of the Act were independent; The Civil Court did not have jurisdiction to go into the question of vestment; The dispute of tenant and landlord could not be decided by the Civil Court; The respondents/plaintiffs were dispossessed from the suit land and they did not have any right, title or interest over the same. According to the petitioners-defendants, a preliminary issue with regard to jurisdiction,therefore, was required to be framed & tried by the learned Trial Court in the first instance.

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3(iii) Petitioners’ prayer did not find favour with the learned Trial Court. Vide impugned order dated 15.11.2014, the application was dismissed and 19 issues were framed including the issue as to whether the Civil Court did not have jurisdiction to try the suit as alleged by the petitioners (defendants).

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Learned Trial Court has observed in the impugned order and the said fact is not disputed before me that the order dated 22.04.2008 statedly passed by the Collector under Section 118 of the Act had been set aside and the case was remanded back to the Collector for a fresh decision. The contention raised for the petitioners can only be examined and considered after the evidence is adduced by the parties on the issues so framed. More so, when apart from praying for declaration that order dated 22.04.2008 passed by the Collector is void ab initio , the respondents-plaintiffs have also prayed

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that they have become owners of the suit land by operation of law and in the alternative have claimed declaration that their possession over the suit land is in the nature of adverse possession. Additionally, the decree of permanent prohibitory and mandatory injunction has also been prayed for. These questions are required to be adjudicated by the Civil Court. The conclusion drawn by the learned Trial Court is, therefore, justified that the civil suit cannot be disposed of as a whole on a preliminary issue in the given pleadings where pleas of adverse possession and injunction are also involved. Hence, I do not find any error in the impugned order dismissing the application moved by the petitioners/defendants seeking trial on the issue of jurisdiction of the Civil Court as a preliminary issue.

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For the foregoing reasons, the present petition is dismissed. Pending application(s), if any, shall also stand disposed of. Any observation hereinabove shall not be taken as an expression on merits of the case.

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Jyotsna Rewal Dua Judge

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03^rd May, 2024 (Rohit)

Ram Chand v. Amar Singh

Case brief

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Ram Chand v. Amar Singh

Case brief

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