Law: Thal Development Act, 1949

Section: 20A,74A

Thai Development Authority Act (XV of 1949)--- -- Ss. 20-A & 74-A-Authority failing to transfer back land to its owner-Provincial Government, in such case, can itself transfer such land and recover expenses, if any, incurred in doing so-Jurisdiction of civil Court in matter--Held, barred under S. 74-A.-[Jurisdiction]. THIS JUDGMENT DELIVERED BY: MUHAMMAD ABDUL GHAFOOR KHAN LODHI, JUSTICE---.--- This appeal arises from the appellate order dated 18-9-75 passed by the learned District Judge, Mianwali, whereby he refused to interfere in the judgment and decree dated 9-9-75 passed by the learned Civil Judge 1st Class, Bhakkar dismissing the suit of the appellants on the ground that the jurisdiction of the civil Court was barred under the Thal Development (Punjab Amendment) Ordinance, 1975. 2. The facts are that the land of the appellants was acquired and delivered to the Thal Development Authority. The land according to the rules was to be returned to the appellants on the expiry of 5 years but was not returned, therefore, the appellants brought a suit for interfering with their possession and cultivation. A:. has been mentioned above the learned trial Judge dismissed the suit on the ground that the jurisdiction of the civil Court was barred. Section 74-A was Inserted in the Punjab Act XV of 1949 by section 2 of Act 46 of 1975. The section reads as under : "A civil Court shall have no jurisdiction in any matter, which the Collector is empowered by this Act to dispose of and shall not take cognizance of the matter in which the Provincial Government, Board of Revenue, Collector or any other Revenue Officer exercise any power vested in him by or under this Act." Learned counsel for the appellants by making reference to the observations made at pages 153 and 154 of Chapter VII of Maxwell's Interpretation of Statutes, 2nd Edition says that where jurisdiction of any Court is to be ousted there should be clear words and since under section 74-A the jurisdiction of the civil Court has not been clearly barred, the Courts below have wrongly dismissed the suit. Learned counsel for the respondent has made reference to section 36 of the Thal Development Act of 1949.…

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