2009 (1) SCC 626 ::(2008) 14 Scale 533 ::(2009) 1 All WC 1 ::AIR 2008 SC (Supp) 771

Supreme Court Of India

Hon'ble Judge(s): Tarun Chatterjee, Aftab Alam , JJ

Karnataka Land Reforms Act (10 of 1962) , S.133— Grant of tenancy rights - Within exclusive jurisdiction of Land Tribunal - Civil Court has no jurisdiction - Land in question declared to be in possession of joint family of appellant and respondent - Civil suit by respondent for declaration title and possession - Not maintainable. R.S.A. No. 100 of 1998, D/-20-8-2001 (Kant.), Reversed. Civil P.C. (5 of 1908) , S.9— Section 133 makes it clear that any questions concerning a land whether such land is or is not an agricultural land, and whether the person claiming possession is or is not a tenant of the land shall vest only on the Land Tribunal and no suit or proceeding etc., shall be entertained by any civil or criminal Court. It would be further evident that even when a suit is pending on the said question, the Court shall refer such dispute to be decided by the tribunal for decision. Once a land tribunal decides the aforesaid question, the Civil Court cannot have any jurisdiction to decide the said dispute in a civil proceeding in view of Section 133. Furthermore, once a land tribunal decides the said question enumerated in Section 133 such decision of the Land Tribunal also cannot come under challenge before any civil court and if any order is passed by the civil Court setting aside the decision of the Land Tribunal, such an order would be a n....