SHIV PAL SINGH Vs. GAON SABHA

JUDGEMENT

(1.) The plaintiff has filed this appeal against the order of the lower appellate Court holding that the Civil Court had no jurisdiction to decide the suit and directing return of the plaint for presentation to the proper Court.

(2.) The facts of the case, so far as they arc relevant for the purposes of the controversy involved in the appeal are : between the village Maharajpur and Uncha there is a river. The plaintiffs were recorded Bhumidhars of the land in question in village Mahrajpur. However, due to shift in the course of the river towards village Mahrajpur some land on its other side became available due to alluvion. The respondent, as Gaon Sabha of village Uncha, laid its claim to the said land and intended to lease it nut according to law. The plaintiffs, therefore, filed the suit in 1975 for an injunction restraining the defendant from interfering with plaintiff's possession over it and from allotting the same on lease to others.

(3.) Objection was taken by the defendant Gaon Sabha that due to change in the course of the river some area of village Mahrajpur had become submerged in the river and by alluvion some land has emerged towards defendants' village and the S. D. O. concerned had already decided this matter on 4-3-72.