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  • Sub-section (c) of Section 115 of the Code of Civil Procedure
  • Section 180 of the United Provinces Tenancy Act, 1939,
  • Order 6, Rule 16 of the Code of Civil Procedure
  • court.7. Section 242 of the U.P Tenancy Act
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Cites
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Citation Codes
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citation codes
Case Number
Advocates
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  • Sub-section (c) of Section 115 of the Code of Civil Procedure
  • Section 180 of the United Provinces Tenancy Act, 1939,
  • Order 6, Rule 16 of the Code of Civil Procedure
  • court.7. Section 242 of the U.P Tenancy Act
Smart Summary

Factual and Procedural Background

The plaintiff, an occupancy tenant, filed a suit in the civil court against the defendants alleging wrongful entry on his land and seeking recovery of possession and damages. He also alleged (and it was not disputed) that the defendants had wrongfully dispossessed him on two earlier occasions and that he had recovered possession through the court on those occasions; accordingly he sought a permanent injunction to restrain future interference. A preliminary issue was framed whether the civil court or the revenue court had jurisdiction; that issue was answered in favour of the revenue court, and the District Judge upheld that finding on appeal. The present document is the plaintiff's application in revision against that order.

Legal Issues Presented

  1. Whether revision lies against the subordinate court's finding that the suit ought to have been filed in a revenue court (i.e., whether the error involves exercise or failure to exercise jurisdiction such as to attract revision under Section 115 CPC).
  2. Whether the suit falls within the ambit of Section 180 of the United Provinces Tenancy Act, 1939 (i.e., whether it is a suit by a tenant against a trespasser or a matter for the revenue court because the defendants set up tenancy).
  3. Whether the addition of a prayer for an injunction (in the circumstances of this case) is sufficient to oust the jurisdiction of the revenue court and permit the civil court to retain the suit.

Arguments of the Parties

Plaintiff's Arguments

  • The plaintiff (occupancy tenant) alleged wrongful dispossession by the defendants and sought possession, damages and a permanent injunction to restrain interference.
  • Implicit in the application in revision is the contention that the civil court should not have been deprived of jurisdiction to hear the suit as filed (challenge to the order that plaint be returned to revenue court).

Defendants' Arguments / Position

  • In earlier suits the defendants set up a plea of tenancy; the same defence is raised in the present case, indicating the dispute concerned tenancy (a matter for the revenue court).
  • Accordingly the defendants' position (as reflected in the proceedings) was that the civil court lacked jurisdiction over the possession and damages claims.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Joy Chand Lal Babu v. Kamalaksha Chaudhury 76 I.A 131. Principle that error in a subordinate court's decision does not by itself constitute illegality or material irregularity for revision under Sub-section (c) of Section 115 CPC; but if error results in exercising jurisdiction not vested or failing to exercise vested jurisdiction, revision under Sub-sections (a) or (b) may lie. The court relied on this principle to explain when revision is available and held that because a wrong decision could amount to failure to exercise jurisdiction vested in the court, the preliminary objection that no revision lies fails.
D.N Rege v. Kazi Muhammad Haider A.I.R 1946 All. 379. That Section 180 does not apply where the defendant never gave the plaintiff reason to think he was claiming proprietary title; conversely a civil suit does not lie when the defendant has given reason to think he claims interest as a tenant. The court applied this to find that because the defendants had in earlier suits set up tenancy (giving reason to think they claimed as tenants), Section 180 applied and the civil court lacked jurisdiction for the possession/damages claim.
Baur v. Deo Kali 1950 A.L.J 861. For the proposition that a plaintiff merely alleging trespass in his plaint is not necessarily enough to confer jurisdiction on a civil court; jurisdiction depends on the state of affairs at institution of suit. The court cited this to support the view that the plaintiff should have ascertained on what ground the defendants claimed possession and that, given prior tenancy pleas, the civil court did not have jurisdiction for possession/damages.
Ananti v. Chhannu I.L.R 52 All. 501 F.B. The rule that where a prayer for injunction is based on the same cause of action as a suit for possession and damages, the jurisdiction of the revenue court is not ousted by the addition of an injunction prayer. The court distinguished that authority from the present facts: where the injunction claim is based on different aspects of the cause of action (including earlier dispossessions), the injunction may be outside the revenue court's competence and thus the civil court may entertain that part.
Ram Rup Goshain v. Ram Dhari Bhagat I.L.R 47 All. 770. The view that where some reliefs claimed are within court's competence and others beyond it, the proper procedure is to call on the plaintiff to amend the plaint or wait until judgment to dismiss the claims beyond jurisdiction. The court invoked this precedent (and the options it describes) to assess proper procedure when a plaint discloses reliefs falling partly within revenue court jurisdiction and partly within civil court jurisdiction.
Laltu v. Maha Laxmi Bai F.A No. 203 of 1940 Followed Ram Rup Goshain; additionally noted alternative under Order 6, Rule 16 CPC to dismiss at once that part of the suit in respect of which the court has no jurisdiction as tending to prejudice, embarrass or delay a fair trial. The court cited this to show available procedural alternatives (amendment, striking out, dismissal under Order 6 Rule 16) and to evaluate what the civil court ought to have done in the present case.

Court's Reasoning and Analysis

The court proceeded in a series of analytic steps strictly tied to the facts and authorities cited in the opinion:

  1. Jurisdiction and Revision: The court first considered whether revision lies. Relying on Joy Chand Lal Lal Babu v. Kamalaksha Chaudhury, it explained that mere error in a subordinate court's decision does not necessarily amount to illegality under Section 115(c) CPC, but if the error leads the subordinate court to exercise jurisdiction not vested in it or to fail to exercise jurisdiction vested in it, revision under Sub-sections (a) or (b) may be appropriate. Because the civil court had jurisdiction to decide whether the revenue court had jurisdiction and could decide that question wrongly, a wrong decision could constitute failure to exercise a vested jurisdiction and so revision was open; the preliminary objection that no revision lay therefore failed.
  2. Application of Section 180 Tenancy Act: The court examined whether Section 180 applied. Citing D.N Rege v. Kazi Muhammad Haider and Baur v. Deo Kali, it emphasized that jurisdiction depends on the state of affairs at institution of the suit and whether the defendant had given reason to show he claimed as tenant. The record showed that in prior suits the defendants pleaded tenancy and the same defence was raised now; therefore, absent contrary indication, the plaintiff must have known that tenancy was the ground of the defendants' claim, and the civil court lacked jurisdiction over claims for possession and damages.
  3. Effect of Adding an Injunction Claim: The court turned to whether adding a prayer for injunction ousts revenue jurisdiction. It noted Section 242 of the U.P. Tenancy Act (stating revenue courts hear matters in the Fourth Schedule and other courts shall not take cognizance of such matters) and observed that where an injunction is based on the same cause of action as possession/damages, the revenue court's jurisdiction is not ousted (Ananti v. Chhannu). However, in the present case the court found the possession/damages claim related to the last dispossession, while the injunction claim was based on the two earlier dispossessions as well as the last one; thus the claims rest on different causes of action. The injunction sought could not be granted by a revenue court, and Section 242 does not bar a civil court from granting such relief if circumstances justify it. The court interpreted "cause of action" as the bundle of facts material to the plaintiff's claim and treated the injunction claim as a cause of action in respect of which no relief could be obtained in a revenue court.
  4. Procedural Options and Proper Disposition: Because the plaint disclosed two distinct causes of action — one within revenue jurisdiction and one within civil jurisdiction — the court observed the procedural alternatives provided by precedents (Ram Rup Goshain; Laltu v. Maha Laxmi Bai) including calling upon the plaintiff to amend, waiting for judgment to dismiss beyond-jurisdiction claims, or dismissing that part of the suit immediately under Order 6, Rule 16 CPC as prejudicial or delaying. In the present case the civil court had no jurisdiction to grant possession/damages and the injunction claim was premature (an injunction cannot be granted until possession is restored). Therefore the court concluded the civil court should have dismissed the suit and left the plaintiff to file a fresh suit for possession and damages in the revenue court.
  5. Disposition in the Present Proceeding: Instead of dismissing, the civil court returned the plaint for presentation in the revenue court; the lower appellate court upheld that order. The revisional court concluded that substantial justice had been done by returning the plaint and, in the circumstances, declined to interfere in revision.

Holding and Implications

Holding:

Application dismissed.

The court dismissed the plaintiff's application in revision with costs. Although the civil court should, in the view of the revisional court, have dismissed the suit and left the plaintiff to institute a fresh suit for possession and damages in the revenue court (because the civil court lacked jurisdiction over possession/damages and the injunction claim was premature), the fact that the civil court returned the plaint to the revenue court and the appellate court upheld that order meant substantial justice had been done; accordingly the revisional court declined to interfere.

Implications:

  • The direct effect is that the revision application is dismissed and the order returning the plaint to the revenue court stands.
  • The decision clarifies that where a plaint discloses distinct causes of action falling partly within revenue jurisdiction and partly within civil jurisdiction, procedural options include amendment, striking out or dismissal of the part beyond jurisdiction; an injunction based on facts outside the competence of a revenue court may justify civil-court jurisdiction for that relief, but an injunction cannot be granted until possession has been restored.
  • The opinion did not purport to lay down a broader novel precedent beyond applying and distinguishing existing authorities; it confined its outcome to the particular facts and procedural posture before the court.

    Man Pal v. Birja

    Mootham, J.:— This is a plaintiff's application in revision.

    2. The plaintiff, who is an occupancy tenant, filed a suit against the defendants, the opposite-parties in this Court, upon the allegation that they had wrongfully entered upon his land, and upon this ground he sued for recovery of possession and for damages. He also alleged—and it is not disputed—that he had been wrongfully dispossessed by the defendants on two previous occasions and that on each of these occasions he had to recover possession through the court. The present suit was, therefore, the third which he had to institute against these defendants, and accordingly he also asked for a permanent injunction to restrain the defendants from interfering with his possession. This suit he filed in the civil court. A preliminary issue was framed as to whether the civil court or the revenue court had jurisdiction and was answered in favour of the latter, and that finding was upheld by the learned District Judge on appeal. A preliminary objection was taken in this Court that no revision lies. It is true, and it has repeatedly been laid down, that a court has jurisdiction to decide a case wrongly as well as rightly, but as was pointed out by the Judicial Committee in Joy Chand Lal Babu v. Kamalaksha Chaudhury 76 I.A 131.

    Although error in a decision of a subordinate court does not by itself involve that the subordinate court has acted illegally or with material irregularity so as to justify interference in revision under Sub-section (c) of Section 115 of the Code of Civil Procedure nevertheless, if the erroneous decision results in the subordinate court exercising a jurisdiction not vested in it by law, or failing to exercise a jurisdiction so vested, a case for revision arises under Sub-section (a) or Sub-section (b) and Sub-section (c) can be ignored.

    3. There can be no doubt that the court in this case had jurisdiction to decide whether the suit should have been filed before it or in a revenue court, and it had jurisdiction to decide that question erroneously. It has decided that the suit ought to have been filed in a revenue court, and it was then bound, as it has in fact done, to direct that the plaint be returned. But if in so directing the court's decision on the question of jurisdiction was wrong then it has failed to exercise a jurisdiction vested in it by law. I am, therefore, of opinion that the preliminary objection fails.

    4. It was then contended that the suit was not one which came within the ambit of Section 180 of the United Provinces Tenancy Act, 1939, as it was a suit by a tenant against a trespasser. In D.N Rege v. Kazi Muhammad Haider A.I.R 1946 All. 379. a Full Bench of this Court said—

    We do not think that Section 180 applies at all to cases in which the defendant has never given the plaintiff reason to think that he is setting up a claim to be the proprietor of the land, and conversely that a suit in a civil court does not lie when the defendant has given reason to think that he is claiming interest as a tenant.

    5. The Court further pointed out that the jurisdiction of a court depends upon the state of affairs which existed at the time of the institution of the suit, and that the plaintiff should as far as possible ascertain on what ground the defendant claimed to occupy the land before he hled his plaint. In Baur v. Deo Kali 1950 A.L.J 861. it was held that for the plaintiff merely to allege in his plaint that the defendants were trespassers was not of itself enough to give the civil court jurisdiction. In the case before me I am informed that in each of the two earlier suits the defendants set up a plea of tenancy, and that is the defence which is raised in this case. In the absence of anything to suggest the contrary the circumstances indicate that the plaintiff must have known that was the ground on which the defendant claimed possession of the land; and I observe that in the trial court it was not in dispute that had the suit been limited to one for possession and damages it ought to have been filed in the revenue court. I am of opinion that this objection also fails.

    6. The substantial question is whether the addition of a prayer for an injunction, in circumstances such as obtain in this case, is sufficient to oust the jurisdiction of the revenue court.

    7. Section 242 of the U.P Tenancy Act provides that (subject to a proviso with which we are not now concerned) all suits and applications of the nature specified in the Fourth Schedule to the Act shall be heard and determined by a revenue court and that no court other than a revenue court shall, except by way of appeal or revision as provided in the Act, take cognizance of any such suit of application or of any suit or application based on a cause of action in respect of which any relief could be obtained by means of any such suit or application. It is clear, therefore, that if in a suit for possession and damages a prayer for injunction be added which is based on the same cause of action the jurisdiction of the revenue court will not be ousted, and it was so held in Ananti v. Chhannu I.L.R 52 All. 501 F.B..

    8. But that is not the position in the present case in which it appears to me that the claims for possession and damages on the one hand, and for an injunction on the other, are based on different causes of action, the cause of action in the former case being the last dispossession of the plaintiff and in the latter being the two earlier acts as well as the last act of dispossession. The injunction asked for by the plaintiff cannot be granted by a revenue court, but I do not see in Section 242 any bar to that relief (if the circumstances are found to justify it) being granted by a civil court. It will be observed that the words used in Section 242 are “cause of action” and not “cause of action or part of a cause of action”. Cause of action means the bundle of facts which is material to be proved to establish the plaintiff's claim. Considered, as I think it must be considered, as one collection of facts the cause of action upon which the claim for an injunction is in this case based is one, in my view, in respect of which no relief can be obtained by means of a suit in a revenue court, and the plaintiff is not, therefore, debarred from seeking that relief in a civil court.

    9. The position then is that the plaint in this case discloses two distinct causes of action, the relief based upon one being within the jurisdiction of the revenue court and on the other within the jurisdiction of the civil court. This is of course subject to this qualification, that although it is not an uncommon practice for a plaintiff to sue for possession and for an injunction to restrain the defendant from interfering with his possession the injunction cannot be granted until after an order that possession be restored to the plaintiff has been made.

    10. In Ram Rup Goshain v. Ram Dhari Bhagat I.L.R 47 All. 770. the view was expressed by a Bench of this Court that in a case where some of the reliefs claimed in a suit were reliefs which the court in which the plaint had been filed was competent to grant while others were beyond its jurisdiction the proper procedure was for the court either to call upon the plaintiff to amend his plaint by striking out the reliefs which the court had no jurisdiction to grant or wait until judgment was delivered and dismiss the claims relating to such reliefs. This case was followed by Braund, J. in Laltu v. Maha Laxmi Bai F.A No. 203 of 1940, a case in which the plaintiff had filed a suit in a civil court which gave rise to issues in respect of some of which the civil court had jurisdiction and in respect of others exclusive jurisdiction was vested in the revenue court. The learned Judge there pointed out in addition to the alternatives to which referrence has been made in Ram Rup Goshain's case I.L.R 47 All. 770. a further alternative would be to apply Order 6, Rule 16 of the Code of Civil Procedure and for the court to dismiss at once chat part of the suit in respect of which it had no jurisdiction as tending to prejudice, embarrass or to delay a fair trial of the suit.

    11. The civil court could not in the present case give the plaintiff any relief, for it had no jurisdiction with regard to the claims for possession and damages, and the claim for an injunction was premature. As, however, it had jurisdiction so far as the second claim was concerned it ought, in my judgment, to have dismissed the suit and left it to the plaintiff to file a fresh suit for possession and damages in the revenue court. Instead, however, of doing this it returned the plaint for presentation in the revenue court, and that order has been upheld by the lower appellate court. Substantial justice has accordingly been done, and in the circumstances I do not propose to interfere in revision. The application is accordingly dismissed with costs.

    12. Application dismissed.

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    Man Pal v. Birja
    (Jan 23, 1951)