Ouster Of Civil Court's Jurisdiction Won't Have Retrospective Effect To Annul A Decree Validly Passed By Civil Court: Supreme Court

Recently a Division Bench of the Supreme Court comprising Justice V. Ramasubramanian and Justice Pankaj Mithal reiterated that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court.

The Bench was hearing an appeal filed against an order of the Bombay High Court (Goa), which affirmed the concurrent judgment of courts below ordering eviction of a tenant, who claimed mundakar rights in respect of the suit property.

The original appellant claimed to have constructed a house in a plot of land over which he had mundakar rights. The landlords filed a civil suit for declaration and eviction in 1970 seeking eviction of the appellant. On 21.04.1975, the Trial Court decreed the suit and directed delivery of possession. A first appeal was filed by the appellant, which was dismissed. The matter went to the High Court in a second appeal. Noting that there was no perversity in appreciation of evidence by the courts below, the High Court dismissed the second appeal.

Advocate, Ms. Ananya Mukherjee appearing on behalf of the appellant submitted that under Section 2(p) of the Goa, Daman and Diu Mundakars (Protection from Eviction) Act, 1975, the appellant was a mundakar and the same was admitted by the landlords. She emphasised that Section 31(2) of the Act bars the jurisdiction of the civil court. In view of the same, it was argued that the civil court had passed the order of eviction without jurisdiction.

The Bench noted that the argument of the Counsel holds no merit as the landlords had filed the suit in 1970; the order decreeing the suit was passed on 21.03.1975, while the Act came into force later, on 12.03.1976. In the light of the same, the Bench observed -

“It is settled law that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court. Therefore, we do not find any error of law on the part of the High Court in confirming the concurrent judgment and decrees of the Trial Court and the first Appellate Court.”

[Case Title: Ananta Chandrakant Bhonsule (D) By Lrs. And Anr. v. Trivikram Atmaram Korjuenkar (D) By Lrd. And Anr. Civil Appeal No. 3936 of 2013]

Citation : 2023 LiveLaw (SC) 109

For Appellant(s) Ms. Ananya Mukherjee, Adv. Mr. Krishna Murari, Adv. Ms. Shipra Ghose, AOR

Civil Law - It is settled law that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court

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