SATGUR DAYAL Vs. IVTH ADDITIONAL DISTRICT JUDGE KHERI

JUDGEMENT

(1.) Heard Sri R.V. Chaudhary, learned counsel for the petitioner and Sri Avadhesh Kumar, Advocate for respondents.

(2.) The petitioner instituted Original Suit No. 479 of 1993 seeking partition in the disputed plot which was recorded in revenue record as agricultural land. The defendant raised an objection that Civil Court has no jurisdiction in the matter.

(3.) The case of plaintiff before court below was that there existed some permanent construction over the land, therefore, Civil Court has no jurisdiction. The Trial Court answered issue No. 2 with respect to jurisdiction of Civil Court holding, if there existed a permanent construction over agricultural land, the Civil Court will have jurisdiction to adjudicate suit for partition and said decision of Trial Court dated 13.12.1994 has been confirmed by Revisional Court by dismissing petitioner's revision vide order dated 07.09.1995.