AIR 2003 SUPREME COURT 3290 ::2003 AIR SCW 4847 ::(2003) 11 IndLD 179 ::2003 (8) SCC 134 ::(2003) 7 Scale 352 ::(2003) 4 CurCC 60 ::2003 (8) ACE 332 ::(2003) 4 Mad LW 652 ::2003 (5) SLT 714 ::2003 (6) Supreme 684 ::2003 (6) AndhLT 40 ::(2003) 6 AndhLD 72 ::(2004) 6 JT 425 (SC) ::2003 (10) SRJ 375

Supreme Court Of India

(From : 1996 (4) Andh LT 15)

Hon'ble Judge(s): S. N. Variava, H. K. Sema , JJ

(A) Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act (37 of 1956) , S.14— Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.11— Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act (30 of 1963) , S.8— Bar of Civil Court's jurisdiction - Patta granted under Abolition Acts - Whether bars civil suit on basis of title - Different views taken in decisions under A. P. Act and T. N. Acts are because of difference in the Acts - Cannot be said that there is conflict of decisions. (Para 2) (B) Constitution of India , Art.226— Civil P.C. (5 of 1908) , S.9, O.7 R.11, O.14 R.2— Writ of prohibition - Against civil Court - Issuance - Only in rarest of rare case - Lax use of power would impair dignity of subordinate Courts - Patta granted to respondents under Abolition Act - Civil suit by appellant on basis of title in respect of land granted under patta - High Court prohibiting civil Court from proceeding with suit on ground that principles of res judicata applies - Order is improper - Civil Court which had jurisdiction to decide on question of maintainability of suit could not be prevented from doing so without showing cogent and strong reasons. The Supreme Court and the High Courts have....