AIR 1974 SUPREME COURT 1069 ::1974 (1) SCC 567 ::1974 2 SCR 655

Supreme Court Of India

(From: Andhra Pradesh)

Hon'ble Judge(s): D. G. Palekar, V. R. Krishna Iyer, R. S. Sarkaria , JJJ

Index Note:- (A) Civil P.C. (5 of 1908) , S.9— Suit expressly or impliedly barred. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.9(1)— Erroneous decision by Settlement Officer/Tribunal that certain properties were inam village and therefore an 'estate' - Civil suit for declaring decision void - Maintainability - Effect of Amending Acts 17 and 18 of 1957 and Act 20 of 1960. Brief Note:- (A) there is an express bar to the jurisdiction of the Civil Court to adjudicate upon the question whether "any inam village" is an "inam estate" or not, and to the extent of the question stated in Section 9 (1), Madras Act 26 of 1948, the jurisdiction of the Settlement Officer and of the Tribunal are exclusive. But this exclusion of the jurisdiction of the Civil Court would be subject to two limitations. First, the civil courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. The second is as regards the exact extent to which the powers of statutory tribunals are exclusive.(Para 33) Under the Abolition Act, as it stood on 2-9-1950 (the material date), the enquiry by the settlement officer could legitimately be confined to the ascertainment....