2017 (6) ABR 235

Bombay High Court

Hon'ble Judge(s): A. S. Chandurkar , J

(A) Civil P.C. (5 of 1908) , S.9— Maharashtra Land Revenue Code (41 of 1966) , S.11— Jurisdiction of Civil Court - Bar to - Special statutes providing certain remedy - Not necessarily exclude jurisdiction of civil court - Suit for declaration that auction sale of property for recovery of land revenue was not according to statutory provisions - Cognizance of same not barred by Chapter 11 of Code of 1966. (Para 9 12) (B) Civil P.C. (5 of 1908) , S.9— Maharashtra Revenue Jurisdiction Act (10 of 1876) , S.4(c)— Jurisdiction of civil court - Bar to - Entire process of auction conducted by authorities without any notice to plaintiff - Grievance relating failure to comply with statutory provisions - Considering nature of challenge raised to auction proceedings being illegal - Suit not barred by provisions of S. 4(c). (Para 13) (C) Specific Relief Act (47 of 1963) , S.34— Title to land - Declaration of - Plea by defendant that plaintiff failed to prove his title to suit property - Mere general denial of plaintiff's ownership in written statement filed by defendant - Absence of challenge to title or sale deed executed in favour of plaintiff - No suggestion given to pla....