SMT. KAUSHILYA Vs. ABBAS

JUDGEMENT

(1.) This is a revision against the judgement and order dated 2-9-1989 passed by the learned Additional Commissioner, by which he dismissed the revision and upheld the order of the trial court dated 22-12-1988.

(2.) Heard the learned counsel. The facts of the case are that a suit under Sec. 229-B of Z. A. & L.R. Act was filed in the trial court and the same was contested by the defendants. Several issues were framed and one issue in respect of Sec. 49 C. H. Act has been framed as issue no. 3 which is as follows:-

(3.) The learned counsel contended that the issue whether the suit is barred by Sec. 49 of C. H. Act, is a mixed question of law and fact. There cannot be two opinions in respect of this contention. If such issue is decided along with the other issues on merits, there is no illegality, preferably the issue in respect of jurisdiction or continuation proceeding of the case should be decided at first. The issue can be decided along with other issues and it cannot be said that this issue, being the issue of law and fact both, must be decided along with other issues This issue is purely jurisdictional issue and it can be decided separately.