Dismissed

Kishan Lal Meena and Others v. Gyan Chan Alias Gyana

Rajasthan HC13 Nov 2014CSTAY/533/2014

Case brief

AI extract

What is this about?

This court observed that a civil revision is entertainable against an order/decree under Section 6 of the Specific Relief Act, 1963, as no appeal lies therefrom. The court held that the lower court's decision based solely on possession is correct, and that issues of title must be resolved in a separate suit.

What did the court decide?

The stay petition filed by the petitioners was dismissed. It was clarified that the order would not affect the merits of the other pending writ petition.

Kishan Lal Meena and Others Vs Gyan Chan Alias Gyana — Property and Title | Rajasthan HC (2014)

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S.B.Civil Revision Petition No.32/2014

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and S.B.Civil Misc. Stay Petition No. 533/2014

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S.B.Civil Revision Petition No. 32/2014

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S.B.Civil Misc. Stay Petition No.533/2014 Kishan Lal & ors. v. Gyan Chand @ Gyana.

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Date of Order: 13.11.2014

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HON'BLE MR. ATUL KUMAR JAIN,J.

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Mr. B.B. Ojha for the petitioners

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Mr. Ravindra Paliwal for the non-petitioner.

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Issue notice of this petition to the non-petitioner, returnable within two weeks. Notices be given 'dasti' to the learned counsel for the petitioners.

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Heard of the stay petition.

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Section 6 of the Specific Relief Act, 1963 (hereinafter referred

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to as “the Act of 1963”) reads as under:-

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“ 6. Suit by person dispossessed of immovable property.- (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

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(2) No suit under this section shall be brought-

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(a) after the expiry of six months from the date of dispossession; or

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(b) against the Government.

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(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.

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(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.”

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Thus, the relief given in Section 6 of the Act of 1963 is only on

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the basis of possession and the loser in the case may sue other party

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S.B.Civil Revision Petition No.32/2014 and S.B.Civil Misc. Stay Petition No. 533/2014

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2 to establish his title to such property and recover possession thereof in regular suit. In the case in hand, non-petitioner plaintiff Gyan Chand @ Gyana filed a suit under Section 6 of the Act of 1963 alleging that petitioners Kishan Lal and others have dispossessed him from land forcibly on 17.6.2007. He asserts that possession of the suit property was given to him by Tehsildar, Lalsot in pursuance of the order dated 24.9.2003 passed by the Assistant Collector and Magistgrate, Lalsot on the application filed by him. The order passed by Assistant Collector and Magistrate, Lalsot on 24.9.2003 was set aside by the Revenue Appellate Authority on 6.1.2006 but a stay order was passed against the order of Revenue Appellate Authority by the Board of Revenue and the matter is said to be pending before the Revenue Board now.

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It has been argued by the petitioners Kishan Lal Meena & ors that S.B.Civil Writ Petition No. 4793/07 is also pending between the parties but the trial court has ignored the pendency of writ petition in the High Court and has decided the matter under section 6 of the Act of 1963 and a decree for possession has been passed by the said court on 22.1.2014 which has been challenged in this revision petition. It is pertinent to mention here that S.B.Civil Writ Petition No. 4793/2007 has already been disposed of by this Court by order dated 27.8.2008 and now no such writ petition is pending in this Court.

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I have heard the arguments and I have perused the record also. Section 6 of the Act of 1963 specifically mentions that no appeal shall lie against any oder or decree passed in any suit under

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S.B.Civil Revision Petition No.32/2014 and S.B.Civil Misc. Stay Petition No. 533/2014

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3 Section 6 of the Act of 1963, so this civil revision is entertainable by this Court.

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The possession of the suit property was allegedly given on 24.9.2003 by Tehsildar, Lalsot to non-petitioner Gyan Chand @ Gyana. Certified copy of parcha-Mauka dated 28.10.2003 has been submitted before us by Gyan Chand which specifically mentions that the possession of the suit property was handed over on 28.10.2003 to Gyan Chand in presence of so many witnesses, namely, Shri Ram, Jagdish, Ram Karan, Lohdya, Hazari Lal, Revad, Jagdish Prasad Meena, GhasiLal and Patwari Kailash etc. Said parcha-Mauka bears signatures of all such witnesses. The judgment impugned has been passed only on the basis of the possession and the possession of the suit property was undoubtedly with non-petitioner Gyan Chand @ Gyana which was taken without his consent and also otherwise than in due course of law by the petitioners. If the petitioners claim the title or owenrship of the suit property then they should file a separate suit for this purpose and in that suit the concerned court will not be influenced by the judgment given in the proceedings under Section 6 of the Specific Relief Act, 1963. Only to the extent of possession, the judgment dated 22.1.2014 will be relevant.

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Thus, in the circumstances, the stay petition filed by the petitioners deserves dismissal, which is hereby dismissed. It is hereby made clear that the order will not affect the merits of the writ petition pending before us.

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( ATUL KUMAR JAIN),J.

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mlt

Kishan Lal Meena and Others v. Gyan Chan Alias Gyana

Case brief

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Kishan Lal Meena and Others v. Gyan Chan Alias Gyana

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