FIDA HUSSAIN Vs. IMAMAT HUSAIN

JUDGEMENT

(1.) THE learn ed Single Judge has referred the following question to a Full Bench:

(2.) IN 1953 Fida Husain, plaintiff-appellant, filed a suit in the court of the Munsif, Allahabad, for a declaration that he was the sirdar of the plots mentioned in the plaint. The suit was contested by seve ral sets of defendants on a variety of grounds. None of the defendants, how ever, pleaded that the civil Court had no jurisdiction to try the suit The learned Munsif framed 11 issues in the case. Issue No. 11 was whether the suit as framed is not maintainable. The finding given upon this issue was:

(3.) THE U. P. Land Reforms (Am endment) Act 18 of 1956 (which came into force on 28th May, 1956) repealed and re-enacted Schedule fl to the Act In the re-enacted Schedule Entry 34 mentioned in column 3 "suit for declaration of rights". The court of original jurisdiction mentioned in column 4 was Assistant Collector, 1st Class. With effect from the coming into force of this Act, suits for declaration of sirdari rights became cognizable by revenue courts alone.