Law: Punjab Tenancy Act, (XVI of 1887)

Section: 77(3)

Law: Specific Relief Act, 1877

Section: 42

(a)Tenancy Act (XVI of 1887), S. 77 (3) Status of parties rant in dispute---Jurisdiction of Civil Court If the definitions of " tenant " and " landlord " are substi­tuted for those terms where they occur in clause (d) in the Second Group of subsection (3) of section 77 of the Punjab Tenancy Act, it becomes clear that the clause will be applicable only if the status of the parties as landlord and tenant, as the case may be, is not in dispute. If, therefore, in a suit by an owner of land it is alleged that the defendant is a trespasser, clause (d) has no application, and the jurisdiction of the Civil Courts, which are Courts of general jurisdiction, will not be taken away by any provision of the Punjab Tenancy Act, 1887. It is well settled that a provision of law which seeks to take away the jurisdiction of Civil Courts must be construed strictly, and the ousting of jurisdiction of the Civil Courts is not to be inferred until and unless the words used in the statute make it clear that the intention was to take the jurisdiction away. (b) Specific Relief Act (I of 9877), S. 42-Suit for bare declaration-Further relief grantable only by Revenue Court -Civil Court may give declaration sought for. No doubt the proviso to section 42 of the Specific Relief Act, 1877, enacts that if a plaintiff does not seek a further relief than a mere declaration of title which is open to him, the relief for declaration is not to be granted, but the proviso cannot and does not mean that even if a further relief can be granted by another Court only, or the further relief is not open at the time when the decree is passed, the suit for a mere declaration is to be dismissed on the ground that further relief had not been asked for. JUDGMENT One Rahim Bakhsh, who was a tenant having a right of occupancy in the land in suit and whose mother had predeceased him, died on 9th of March 1945, leaving no widow or issue, and the tenancy left by him was entered in the navies of the appellants by mutation No. 2010 on 17th of May 1946. On 16th of July 1946 the owners of the land, asserting that the defendants-appellants had no right to succeed to Rahim, Bakhsh, instituted the suit out of which the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492