LAWS(ALL)-1952-1-27

ISHWAR DIN Vs. CH MOHD ISHAQ

Decided On January 17, 1952
ISHWAR DIN Appellant
V/S
CH.MOHD.ISHAQ Respondents

JUDGEMENT

(1.) This is a defendants' appeal against an order of remand by the lower appellate Court in a suit for injunction filed by the plaintiff. The suit was brought by the plaintiff on the allegation that he, along with his two brothers, was the absolute owner of the plots in dispute. According to the allegations in the plaint, the plaintiff was in full possession of the said plots but defendants 1 to 7 were threatening to take forcible possession of the same. The plaintiff also alleged that defendants 1 to 7 were claiming their title through defendant 8, who was putting himself up as mutwalli, under a certain waqf and against whom the plaintiff had got a decree deciding the question in favour of the plaintiff and declaring that the said waqf was not valid. The plaint accordingly claimed a relief of permanent injunction against all the defendants.

(2.) The written statement of defendants 1 to 7 alleged that the defendants were tenants of the plots in dispute through defendant 8, who was the lamlardar and owner of the land in question and against whom the defendants had also obtained a decree from the Revenue Court. The defendants also took the plea that the suit was not within the jurisdiction of the civil Court.

(3.) The suit was filed in the Court of the Munsif, Barabanki, who framed a preliminary issue on the question of jurisdiction. The trial Court decided the issue in favour of the defendants and returned the plaint for presentation to the proper Court. The plaintiff filed an appeal against the said order, The learned District Judge reversed the order of the trial Court, held the suit to be within the jurisdiction of the civil Court and remanded it for trial by the Munsif. Dissatisfied with the order of, remand passed by the learned District Judge, the defendants have filed this appeal against it.