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TMI Blog1997 (4) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... r sons, namely, Annasamy, Subbiah, Sundara and Neelkanda. Ramani is the grand-son of Ayyasamy Gurukkal who was impleaded as first defendant. The appellant had purchased his 1/3rd share in the property under the sale deed, Ex. A-6, dated 6.5.1967. Subbaiah Gurukkal having been died unmarried; Sundara Gurukkal and Neelkanda Gurukkal and 1/3rd share each; Sundara died leaving behind him four grand-sons, D-3 to D-6 through his son Rajarathina, widow Dorai, D-7; and another son Ramalingam, D-2. Neelkanda died leaving behind him his widow, D-8 and daughter, D-9. His widow D-8 had sold her 1/3rd share to the plaintiff No. 1 under sale deed, Ex. A-7, dated June 26, 1970. Initially, the plaintiff had filed OS No. 1848/67 for a declaration of title a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that by virtue of the provisions contained under the Act, the suit is not maintainable. Accordingly, the suit came to be dismissed. Thus, this appeal by special leave. 3. The patta under Ex. B-1 dated February 28, 1974 granted under Section 8(2)(ii) of the Act by the Tehsildar was confirmed. On appeal, it was confirmed which order has become final. Thus, the title to the property was vested in the institution and thereby, none of the parties has any right, title and interest in the property. Therefore, the suit of the appellant without impleading the institution is not maintainable. Under Section 9, CPC, the Courts shall, subject to the provisions contained therein, have jurisdiction to try all suits of civil nature excepting suits co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts examine whether the essential principles of jurisdiction have been followed and decided by the Tribunals leaving the decision on merits to the Tribunal. It is also equally settled legal position that where a statute gives finality to the orders of the special Tribunal, the civil court's jurisdiction must be held to be excluded, if there is adequate remedy to do what the civil Court would normally do in a suit. Such a provision, however, does not exclude those cases where the provisions of the particular Act have not been complied with or the statutory Tribunal has not acted in conformity with the fundamental principles of judicial procedure. Where there is an express bar of jurisdiction of the Court, an examination of the scheme of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the orders passed there under. Thereby, by necessary implication, the jurisdiction of the civil Court to take cognizance of the suits of civil nature covered under the land reform laws stand excluded giving not only the finality to the decisions of the Tribunal but also ensuring disposal of the matters by the Tribunal and making the Ryotwari patta granted to the tiller of the soil conclusive. Under the normal course of civil procedure, the jurisdiction for the trial of the civil suits in relation to the matters covered under the Acts being time consuming and tardy and there being the lack of financial resources or otherwise incapacity to defend or want of knowledge of the parties as to their rights, energy sapped civil suits with hierarc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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