9911796707
Advanced Search 
TMI Blog1972 (12) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... ment in question came into force." 2. In 1953 Fida Husain, plaintiff-appellant, filed a suit in the court of the Munsif, Allahabad, for a declaration that he was the sirdar of the plots mentioned in the plaint. The suit was contested by several sets of defendants on a variety of grounds. None of the defendants, however, pleaded that the civil Court had no jurisdiction to try the suit. The learned Munsif framed 11 issues in the case. Issue No. 11 was whether the suit as framed is not maintainable. The finding given upon this issue was: "Nothing has been argued upon this issue and I decide it in the negative." The suit was decreed on 25-9-1963. It was declared that the plaintiff was the sirdar of 13 only of the plots mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declaration of rights". The court of original jurisdiction mentioned in column 4 was Assistant Collector, 1st Class. With effect from the coming into force of this Act, suits for declaration of sirdari rights became cognizable by revenue courts alone. 5. Section 23 of the Amending Act of 1956 provided the saving clauses. It stated:-- "23. Saving--(i) Any amendment made by this Act shall not affect the validity, invalidity, effect or consequence of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any jurisdiction already exercised, and any proceeding instituted or commenced before any court or authority prior to the commencement of this Act shall, notwithst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ull Bench in Ramesh Chand v. Board of Revenue (FB). The U. P. Tenancy (Amendment) Act 10 of 1947 by Sections 2 to 26 and 32 and 33 made amendments in Various sections of the U. P. Tenancy Act. Section 27, which provided for reinstatement of certain classes of tenants, was, however, not bodily incorporated in any particular section of the tenancy Act. The Full Bench held that Section 27 was in substance a proviso to Sections 165, 171 and 180 of the principal Act. It will be deemed to be a part of the parent Act. The aforesaid saving clauses off-set the effect of the Amending Acts upon pending suits. Though the Amending Act transferred jurisdiction in relation to several categories of cases from the civil to the revenue courts, the saving cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of Sub-section (1) : "or of a suit, application or proceeding based on a cause of action in respect of which any such relief could be obtained by means of any such suit or application." The explanation added was:-- "Explanation.-- If the cause of action is one in respect of which relief may be granted by the Revenue Court, it is immaterial that the relief asked for from the Civil Court may not be identical to that which the Revenue Court would have granted." 10. The effect of the 1961 Amending Act was to widen the operation of Section 331 (1) to suits, applications or proceedings which were based on a cause of action for which any relief could be obtained from the revenue court, no matter whether the relief actually ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
