ANGNU Vs. MAHABIR

JUDGEMENT

(1.) THIS is a reference under Section 289 (2), U. P. Tenancy Act, by the Judicial Officer, sub-division Sidtiauli, through the Deputy Commissioner, Sitapur.

(2.) IT appears that a suit for the possession of a plot of land, and for some other reliefs which included the removal of certain constructions standing on this plot and a permanent mandatory injunction to require the defendant to close a certain door and damages, was instituted in the court of the Munsif, Sitapur.

(3.) THE defendants contested the suit and also raised a plea of jurisdiction. This plea of jurisdiction found favour with the learned Munsif who ordered presentation of the plaint to the proper Court. Thereafter the plaint was presented in the Court of the Assistant Collector, first class. The learned Assistant Collector found that the suit did not lie in the Revenue Court and should have been instituted in the Court of the Munsif. He, therefore, made the reference, which is before us, through the Deputy Commissioner, Sitapur.