section 5
Powers of Mamlatdar's Courts. Power to issue injunction. Suits to be filed within six months. Cause of action.
The Mamlatdar's Courts Act, 1906Civil190627 sections
Statutory text
- (1) Every Mamlatdar shall preside over a Court, which shall be called a Mamlatdar's Court, and which shall, subject to the provisions of sections 6 and 26, have power, within such territorial limits as may from time to time be 1[fixed by the State Government,-
- (a) to remove or cause to be removed any impediment, erected otherwise than under due authority of law, to the natural flow in a defined channel or otherwise of any surface water naturally rising in or falling on any land used for agriculture, grazing, trees or crops, on to any adjacent land, where such impediment causes or is likely to cause damage to the land used for such purpose or to any such grazing, trees or crops thereon ;
- (b) to give immediate possession] of any lands or premises used for agriculture or grazing, or trees, or crops or fisheries, or to restore the use of water from any well, tank, canal or water-course, whether natural or artificial used for agricultural purposes to any person who has been dispossessed or deprived thereof otherwise than by due course of law, or who has become entitled to the possession or restoration thereof by reason of the determination of any tenancy or other right of any other person, not being a person who has been a former owner or part-owner, within a period of twelve years before the institution of the suit of the property or use claimed, or who is the legal representative of such former owner or part-owner : Provided that, if in any case the Mamlatdar considers it inequitable or unduly harsh 2[to remove or cause to be removed any such impediment or], to give possession of any such property or to restore any such use to a person who has become entitled thereto merely by reason of the determination of any such tenancy or other right, or if it appears to him that such case can be more suitably dealt with by a Civil Court, he may in his discretion refuse to exercise the power aforesaid, but shall record in writing his reasons for such refusal.
- (2) Power to issue injunction.- The said Court shall also, subject to the same provisions, have power within the said limits, 3[where any impediment referred to in sub-section (1) is erected, or an attempt has been made to erect it, or], when any person is otherwise than by due course of law disturbed or obstructed, or when an attempt has been made so to disturb or obstruct any person, in the possession of any lands or premises used for agriculture or grazing or trees or crops or fisheries or in the use of water from any well, tank, canal or water-course, whether natural or artificial used for agricultural purposes or in the use of roads or customary ways thereto, to issue an injunction to the person 4[erecting or who has attempted to erect such impediment, or] causing, or who has attempted to cause, such disturbance or obstruction, requiring him to refrain 5[from erecting or attempting to erect any such impediment or], from causing or attempting to cause any further such disturbance or obstruction.
- (3) Suit to be filed within six months.- No suit shall be entertained by a Mamlatdar's Court unless it is brought within six months from the date on which the cause of action arose.
- (4) Cause of action.- The cause of action shall be deemed to have arisen on the date on which the 6[impediment to the natural flow of surface water or the] dispossession, deprivation or determination, of tenancy or other right occured, or which the 7[impediment,] disturbance or obstruction, or the attempted 8[impediment or] disturbance or obstruction, first commenced. Explanation.- The exercise by a joint owner of any right which he has over the joint property is not a dispossession, or disturbance of possession of the other joint owner or owners within the meaning of this section. Illustration I A lets B his field to cultivate for a specific period of one or more years. B refuses to resign possession after the expiration of that period. A can sue for possession in the Mamlatdar's Court at any time within 6 months from the date of expiration of the said period, unless B is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property, or who is the legal representative of such former owner or part-owner. Illustration II B is yearly tenant of A, who gives him a notice to vacate, as he is bound to do 9[in accordance with the law relating to the termination of an annual tenancy] before the end of the then current year of tenancy. At the commencement of the next year B refuses to vacate. A can sue B in the Mamlatdar's Court at any time within six months from the commencement of that year, unless B is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property, or who is the legal representative of such former owner or part-owner. Illustration III A allows B the use of water from his well, or from his water-course, for a specific period, at the expiration of which B continues to take water from the well or watercourse without A's consent. A may sue B in the Mamlatdar's Court at any time within six months from the expiration of the said period to obtain an injunction to stop B from taking the water, unless B is a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the use of the water, or who is the legal representative of such former owner or part-owner. Illustration IV A and B hold land adjacent to a पाट or फांस or similar artificial water-course which has hitherto been exclusively used by B. A draws water therefrom. B may sue in the Mamlatdar's Court at any time within six months from the date on which A commences to take the water, for an injunction to prevent A from so doing.
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