West Bengal Land Reforms Act, 1955; ----- Whether Revenue Officer can decide the title of a property? ------ Held: The Decree passed in the Civil Court is not only binding upon the parties but also...
Read MoreWest Bengal Land Reforms Act, 1955; ----- Whether Revenue Officer can decide the title of a property? ------ Held: The Decree passed in the Civil Court is not only binding upon the parties but also the legality of such decree cannot be tested by the Tribunal which is neither an appellate court nor a Court Competent to assess the correctness of the judg ement of the Civil Court ------ Even a void decree cannot be challenged in collateral proceeding and such void decree is binding upon the parties until it declared invalid by the Court of Competent jurisdiction ----- Learned Tribunal not being a Appellate Authority was not only incompetent to consider the correctness of the judgment and decree of the Civil Court but also in fact, exceeded its jurisdiction in making an effort to consider the legality of the judgement and decree of the Civil Court wile dealing with the Tribunal Application ----- The judgement and decree of the Civil Court which attains finality is bind not only upon the Revenue Authority but also upon the Tribunal ----- If tribunal is allowed to test the legality of the Judgement and decree of the Civil Court then there will be no finality in the adjudication by the Civil Court with regard to the disputed question of title between the two parties claiming contradictory claims for title over the property ------ The jurisdiction of the Civil Court in deciding the dispute over the title between two claimants making conflicting claims of title over the suit property cannot be disputed even though while considering the question of title in such the court is incidentally required to consider the correctness of the finally published record of rights.
The Best JUDGEMENT Search Engine...
Loading...please wait