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TMI Blog1976 (11) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue 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 allowed the petition ex parte as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 surrender of possession. The judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. 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 process known to law i.e., preferring an appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion 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 appeal is allowed and the orders of the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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