1976 (11) TMI 213

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....dismissing his petition for the issue of a writ of certiorari to quash the order of the District Revenue Officer dated 20th April, 1974 confirming that of the Revenue Divisional Officer, dated 7th December, 1973. 2. The appellant applied to the Special Tahsildar (Tenancy Records) and Records Officer for his name to be included as a tenant in respect of the lands in question. The Records Officer....

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....dismissed in limine at the admission stage. 4. The question that arises for consideration relates to the extent of the jurisdiction of the civil Court in these proceedings. The appellant filed a suit O.S. No. 432 of 1971 and that suit, as already stated, was decreed in his favour. It was found that the plaintiff, namely, the appellant before us, is the cultivating tenant and there was no surren....

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.... taken up by the District Revenue Officer. 5. The question that arises is as to the effect of the civil Court's decree. It may be noted that on the date the civil Court passed its decree and judgment, Section 16-A was not in force and the jurisdiction of the Civil Court was not barred. The result is that there is a valid civil Court decree and judgment, which can be set aside only by a proc....

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....ivil Court's judgment and decree. The question as to the rights of parties and also the question as to the jurisdiction of the civil Court will all have to be argued when the appeal is heard by the appellate Judge. The order of the Revenue Divisional Officer and the District Revenue Officer, when the decree of the civil Court is in operation, cannot be sustained. 7. In the result, the writ ....