JANG BAHADUR AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed by the Temp. Civil and Sessions Judge, Basti, dismissing the appeal filed by the plaintiffs -appellants. The facts giving rise to this appeal are as follows:

(2.) The suit was contested by the defendant respondent and inter alia it was pleaded that the suit was barred by S. 18(4) of the Indian Forest Act. Both the trial court and the lower appellate court held that the civil court had no jurisdiction to try the suit and the plaintiffs were not entitled to the relief claimed. Being dissatisfied, the plaintiffs have filed this appeal.

(3.) The main argument of the learned counsel for the appellants was that although S. 18(4) of the Indian Forest Act lays down that the order passed by the State Government in revision was final yet the plaintiffs could file this suit for the relief because the Government acted beyond the scope of the Indian Forest Act and had no jurisdiction or authority to declare this cultivatory land as a reserved forest.