(1.) Inveighing the order as one of without jurisdiction and not appealable, the present Civil Revision Petition has been preferred.
(2.) The defendants are the revision petitioners. The respondent/ plaintiff filed a Suit for injunction restraining the defendants from interfering with his peaceful possession till he is lawfully evicted from his cultivating tenancy. The defendants contended that the plaintiff has surrendered possession and they are cultivating the lands on their own. The Trial Court framed three issues:
(3.) Ultimately, after trial, with respect to issue nos.1 and 3 directed the plaintiff to work out his remedy before the Revenue Divisional Officer and in respect of issue no.2, it was found that the plaintiff is not entitled to any other relief, since the plaintiff was found to be cultivating tenant, the Civil Court has no jurisdiction and hence, the Suit was transferred.