NAGAR PALIKA PARISHAD Vs. SOORAI SINGH

JUDGEMENT

(1.) HEARD Sri Rajesh Chandola and Sri Sarvesh Agrawal, learned Counsel for the revisionist and Sri J.C. Belwal, learned Counsel for the Respondents.

(2.) BY means of this revision, under Section 115 of the Code of Civil Procedure, 1908, the revisionist has challenged the finding on issue No. 3, passed by the trial court in Civil Suit No. 48 of 2002.

(3.) LEARNED Counsel for the revisionist argued that, admittedly, the land in question is an agricultural land and Plaintiffs are not recorded tenure holders. This fact is not denied by the Plaintiffs / Respondents that they are not recorded tenure holders. That being so it is a clear case of declaration of file under the garb of injunction, for which Civil Court has no jurisdiction to try the suit. The finding recorded by the Civil Judge (Junior Division), Kashipur, on issue No. 3, in the Suit No. 48 of 2002, that it has jurisdiction, is against the law, as such, liable to be set aside.