Joti Ram (Dead) Through L.Rs. And Ors. vs Bhagat Singh And Ors. Etc. on 6 January, 2000
Therefore, the ratio laid down in Chuhary's case (1968 (4) Delhi LT 412) and Gulabi's case (1995 AIHC 4821) (supra), would be applicable to the facts of the present case on all fours. Therefore, there is no escape from the conclusion that the suits filed by the plaintiff was maintainable before the Civil Court. We, therefore, held that the civil suit filed by a tenant dispossessed without his consent from his tenancy or part thereof, will in our opinion be not barred if it is instituted after the expiry of one year as provided under Section 62 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act. 1953 and the jurisdiction of the Civil Court is not ousted to adjudicate upon the rights of the parties under the said Act. The regular second appeal shall be decided by the learned single Judge uninfluenced by any expressions or observations made by us in this judgment. No costs.