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PETITIONER: SRI-LA-SRI SIVAPRAKASA PANDARA SANNADHI, AVARGAL

       Vs.

RESPONDENT: SMT. T.PARVATHI AMMAL & ORS.

DATE OF JUDGMENT:       20/02/1996

BENCH: J.S. VERMA, N.P. SINGH, B.N. KIRPAL

ACT:

HEADNOTE:

JUDGMENT: ( With Contempt Petition No. 103 of 1995)                          O R D E R      The  only   question  for   decision  relates   to  the jurisdiction of  the Civil Court to entertain the suit which was filed  by the  respondents. The  Trial Court decreed the suit. The  First appellate Court set aside the decree taking the view  that the civil Court’s jurisdiction was barred. In the second appeal filed by the present respondents, the High court has  restored the  judgment and  decree of  the  Trial Court taking  the view  that the  Civil Court’s jurisdiction was not barred.      The  plea   of  exclusion   off   the   Civil   Court’s jurisdiction to  adjudicate the  title of the parties in the present case  is based  on the  provisions of the Tamil Nadu Minor Inam  (Abolition and  Conversion into  Ryotwari)  Act, 1963. This  Court in  a recent decision in R. Manickanaicker vs. E.  Elumalainaicker, 1995  (4) SCC 156, has clearly held that the  Civil Court’s  jurisdiction to adjudicate title to the parties,  is not  barred by  virtue of the provisions of the said Act. This is a direct decision of this Court on the provisions of  the Act  with which  we are  concerned in the present case,  Learned  counsel  for  the  appellant  placed reliance on the decision in Vatticherukuru village Panchayat vs. Nori  Venkatarama Deeshithulu  and Ors. , 1991 (Supp. 2) SCC 228.  It is  sufficient to  observe that  this  decision relates to  the provisions  under a  different Act of Andhra Pradesh.  Moreover,  in  R.  Manickanaicker,  this  decision relating to  the provisions  in the  Andhra Pradesh  Act was considered and distinguished. In view of the direct decision of this  Court in  R. Manickanaicker,  there is  no merit in this appeal.  The  appeal  and  the  contempt  petition  are dismissed. No costs.