AJODHYA PRASAD Vs. GANGOTRI PRASAD

JUDGEMENT

(1.) THIS revision has been referred to us by a learned single Judge as he felt some difficulty in view of the judgment of a learned single Judge in Ramiharl v. Jodhan, 1972 AWR 623.

(2.) THE plaintiff Instituted a suit in the civil court for a relief of declaration that he was the sirdar of the land in dispute and for possession in case he was found to be out of possession. THE plaintiff had also claimed relief for cancellation of a sale deed executed by defendant No. 1 in favour of defendant No. 2 in respect of the holding in dispute and for an injunction. A defence was taken to the effect that the civil court had no jurisdiction and the suit was cognizable by the revenue court. THE trial court rejected the plea taken in defence and the revision filed under Section 115, CPC was dismissed by the Additional District Judge holding that the suit was cognizable by the civil court. THE defendants have come up in revision to this Court and have urged that the civil court had no jurisdiction. As in Ramdhari's case, 1972 AWR 623 a learned single Judge had taken the view that once the relief of cancellation of sale deed is claimed and injunction is prayed for, the suit can be cognizable in the civil court, this revision has been referred to us. Section 9 of the Code of Civil Procedure provides :-

(3.) IN Mena v. Baldeo, 1966 AWR 597 (Para 8) it was held :