PHERU AHIR Vs. MANGRU GANDARIA

JUDGEMENT

(1.) This is an appeal against an order of the Civil Judge of Azamgarh allowing an appeal and directing the plaint to be returned for presentation to the proper Court, by which the learned Judge means the revenue Court. He has found that the civil Court has no jurisdiction to entertain this suit.

(2.) The suit was brought by the plaintiffs alleging that they were tenants of the plots in dispute and that the defendants have forcibly taken possession of the same and were occupying them as trespassers. On these allegations the plaintiffs claimed possession of the plots and Rs. 40 by way of damages.

(3.) The lower appellate Court has expressed the view that the plaintiffs could get the relief asked for by means of a suit in the revenue Court which they could have brought either under Section 59,180 or 182, U. P. Tenancy Act. It is to be noted that the suit was brought before Sections 180 and 183 were amended by Act X [10] of 1947. The allegations contained in the plaint are not covered by any of these three sections. Section 59 contemplates a suit against a landholder by a tenant for a declaration of his tenancy rights. It is no doubt true that any person claiming through the landholder may be impleaded as a defendant to such a suit, but the relief claimed is, primarily, a relief against the landholder. In the present case, the plaintiffs do not find themselves aggrieved by any action of the landholder. They do not stand in need of any declaration against the landholder and, therefore, the suit cannot be treated to be a suit under Section 59. U. P. Tenancy Act.