2001 (4) TMI 925

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....m Khan was that the land in dispute was given to him on patta for consideration of a premium of Rs. 100/- and he, thereafter, planted trees and constructed two houses over the said land. On 31.8.1960, the Tehsildar allowed the application with a direction to late Najim Khan to restore back possession of the land to Shankar Rao instead of Nathe Khan. Feeling aggrieved, late Najim Khan filed an appeal before the Sub-divisional Officer, Shajapur. Nathe Khan also filed a cross-objection against the order of the Tehsildar directing delivery of possession to Shankar Rao. The Sub- divisional Officer, on 20.3.1963, allowed the appeal of Najim Khan and dismissed the cross objection filed by Nathe Khan. Nathe Khan and Shankar Rao thereafter filed second appeal before the Commissioner, Bhopal, being Revenue Case No. 357/63. The Commissioner by order dated 30.4.1963, dismissed the appeal and affirmed the order passed by the Sub-divisional Officer. The revision petition filed before the Board of Revenue, M.P. Gwalior by Shankar Rao and Nathe Khan was also dismissed. It was held by the Board of Revenue that Najim Khan and Pan Mal were already in possession of the land since 1950 and they planted....

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....ce on application for stay also." Shri U.N. Bachawat, learned senior counsel raised two submissions. The first submission is that the remedy of filing the suit for recovery of possession of the land under Section 93 of the Act is available to a pakka tenant only after exhausting remedy provided under Sections 91 and 92 of the Act and, therefore, the suit brought by the plaintiff was not barred by limitation. The second submission is that once an application under Section 91 of the Act was filed by the plaintiff before the Tehsildar, the adverse possession of the defendant ceased to continue thereafter and in view of this legal position, the suit brought by the plaintiff was not barred by limitation. Whereas, the contention of Shri S.K.Gambhir, learned senior counsel, is that the remedy under Section 91 of the Act is summary in nature, akin to Section 6 of Specific Reliefs Act and further, it is always open to the plaintiff either to take recourse to the summary proceedings under Sections 91 and 92 of the Act or to file a regular title suit in the civil court and also claim possession in the same suit. In nut-shell, the argument is that the filing of the suit is not envisaged onl....

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....ensation to be paid to the applicant by the opposite party. (7) The compensation awarded under this section shall be recoverable as arrears of land revenue. (8) When final order has been passed under sub- section (2), the Tehsildar may require the opposite party to execute a bond for such sum as the Tehsildar may deem fit for abstaining from taking possession of the land in contravention of the order. 92. Reinstatement of ordinary tenant or sub tenant improperly dispossessed If an ordinary tenant or a sub-tenant has been dispossessed of the whole or any part of his holding otherwise than in due course of law, he or his successor in interest may apply to the Tehsildar within two years from the date of dispossession for the restoration of the possession. The Tehsildar shall after making necessary enquiry in accordance with the provisions of section 91, pass such orders as he thinks fit. 93. Civil Courts jurisdiction in regard to sections 91 and 92 No order passed under section 91 and 92 shall preclude any person from establishing such rights as he may claim in the whole or any part of the holding and from obtaining possession of such holding or par....

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....e suit for recovery of possession without resorting to remedy available under Section 250 of the Code. It is true that the courts while construing a provision of an enactment often follow the decisions by the courts construing similar provision of an enactment in pari materia. The object behind the application of the said rule of construction is to avoid contradiction between the two statutes dealing with the same subject. But in the present case , what we find is that the Madhya Bharat Land Revenue and Tenancy Act contains one integrated scheme providing for remedy to a pakka tenant claiming restoration of possession under sections 91 and 93 of the Act. The Madhya Bharat Land Revenue and Tenancy Act was repealed by M.P. Land Revenue Code. In repealing Act i.e., M.P. Land Revenue Code we do not find any provision like Section 93 of the Act. We are, therefore, of the view that Sections 91, 92 and 93 of the Act are not pari materia with the provision of Section 250 of the M.P. Code. It is not sound principle of construction to interpret a provision of an enactment following the decisions rendered on similar provision of an enactment when two statutes are not in pari materia. For the ....

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....on a pakka tenant who has been dispossessed is at first instance required to file an application for restoration of his possession before the Tehsildar under Section 91 of the Act. In view of the matter, it cannot be said that remedy available under Section 91 of the Act is discretionary and it is open to a pakka tenant either to take recourse to Section 91 of the Act or file suit under Section 93 of the Act. If such a suit is filed in a civil court at the first instance without resorting to the remedy under Section 91 of the Act, the same would be not maintainable. We, therefore, uphold the contention of Shri Bachawat that unless remedy contemplated under Section 91 of the Act is resorted to, there would be no cause of action to a pakka tenant for filing a suit under Section 93 of the Act. The third question that arises for consideration in this case is whether once a remedy available under Section 91 of the Act is resorted to the period of limitation for adverse possession is arrested. In other words, whether filing an application under Section 91 of the Act causes an interruption to the continuity of adverse possession. Article 65 of the Limitation Act runs as under : ....