Held, a co-joint reading of Sections 13 and 13A of Act 1961 would reveal that if any question of title is involved, then the jurisdiction of the civil Court is explicitly barred and only Collector is competent to decide the same in this relevant connection . Once, it is proved that the civil Court did not have the jurisdiction to entertain and try the suit, then the plaint ought to have been returned by the trial Court to be presented before the appropriate Court as contemplated under Order. 7 Rule. 10 CPC . Thus, Court view that the first Appellate Court has rightly directed the return of plaint to be presented in the appropriate Forum to determine the question of title between the parties in this relevant connection. Therefore, the Appellant "stricto sensu" liable to be and hereby repelled and the impugned judgment of Ist Appellate Court deserves to be and hereby maintained, in the obtaining circumstances of the case.
