Paid Advise

Rejection of plaint

Shivendra Pratap Singh

Advocate

04/12/2015

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According to section 4 and 5-A of Maharashtra Restoration of land to Scheduled Tribes Act, 1974 a land purchased from tribal owner by a non-tribal between 1957 to 1974 is entitled to restore in the tribal person by the order of collector.

The collector is empowered under said act to acquire the land and restore in in the name of the previous owner if that owner is no more alive or reluctant to take it collector may transfer it to any other tribal person of the area. If no person comes forward or not interested to take it, the land shall be vested in the State Government.

The present landowner is entitled to get compensation about 48 times the land revenue fixed for the land. That compensation shall be paid by the government if the land is vested in the government.

You have no right to regain that land except compensation. your any litigation towards that purpose will not be maintainable. So forget that land because no rule is made in this regard i.e. to re-transfer to the person to whom it is acquired.

According to section Order 7 rule 11(a) Code of Civil Procedure, the court is empowered to reject the plaint if the cause of action does not disclose out of the plaint. At this stage, you may file an appeal against this order or file afresh suit on the same cause of action. 

In Ratnavelu Pillai v. Varadaraja Pillai’, 1942-1 M.L.J. 569, decided by the court that An order rejecting a plaint does not conclusively determine the rights of the parties; nor is it a formal expression of an adjudication determining the rights of any party concerning any matter in controversy in the suit. Order 7, Rule 13, C. P. C. provides that the rejection of the plaint on any of the grounds mentioned in that order is no bar to a fresh suit on the same cause of action. 

You are a necessary party to the suit. Your right is not adjudicated by the court. If plaint is dismissed then you may be evicted from the house. To file an appeal or a fresh suit on the same cause of action immediately. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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