BADRI SINGH AND OTHERS Vs. SAHDEO BHAR

JUDGEMENT

(1.) This is an appeal by the plaintiffs from a judgment of a Civil Judge dismissing their appeal from a judgment of a Munsif dismissing their suit for ejectment of the respondents from a holding on the ground of arrears of rent. The connected appeal is by the same appellants from a similar judgment passed in another suit for ejectment of other persons from another holding on the same ground of arrears of rent.

(2.) It is admitted that the appellants are the sirdars of the holdings in the two suits and that the respondents are Adhivasis. It is also admitted that the suits had been filed on the causes of action accruing under Sec. 234 (a) of the U.P. Zamindari Abolition and Land Reforms Act. While the suits were pending the respondents deposited the arrears of rent in court and on this ground it dismissed the suits. The respondents had challenged the jurisdiction of the civil court to entertain the suits but the issue had been decided in favour of the appellants and the suits failed not on the ground that it had no jurisdiction but on the ground that the arrears had been paid up. The judgments of the trial court were affirmed by the lower appellate court.

(3.) After hearing Sri K.P. Singh we are satisfied that these appeals should fail not on the ground given by the courts below but on the ground that the suits did not lie in the civil court and that the remedy of the appellant was by means of applications to the Tahsildar in accordance with the provisions of Secs. 220 etc. of the Act.