IRFAN AHMAD Vs. ABDUL WAHID AND OTHERS

JUDGEMENT

(1.) THIS second appeal arises out of a suit for a permanent injunction restraining the defendants from interfering with the possession of the plaintiff over certain plots of agricultural land, The suit was filed on 16th October 1951 in the civil court. Prior to the institution of the suit the plaintiff had filed a suit for declaration under Section 59/61 of the U.P. Tenancy Act of 1939 in the revenue court in respect of the plots but that suit was stayed as a result of some general executive order of the Government and the present suit was then filed in the civil court.

(2.) THE case of the plaintiff was that he was a hereditary tenant of all the seven plots in dispute. The claim was made on two grounds; firstly, that the plots had been settled with the plaintiff by Suit. Khurshed Laqa, the khudkasht holder of the plots; and secondly, that the plaintiff acquired hereditary rights in the plots under Section 180(2) of the U.P. Tenancy Act of 1939. Admittedly, the plots appertained to Khewat No. 13 which was owned by Irfan Ahmad and by Suit. Khurshed Laqa in her personal capacity and also as mutawalli of a waqf, but it was stated by the plaintiff that the plots were the khudkasht of Smt. Khurshed Laqa and she was, therefore, competent to settle them with the plaintiff. The suit was contested by all the defendants. It was denied by the defendants that the plaintiff was either hereditary tenant or in possession of the plots in suit. It was further denied that the land had been settled with the plaintiff as claimed by him. The plea of jurisdiction was also taken.

(3.) THE issue of jurisdiction was decided by the trial court in favour of the plaintiff and it held that the civil court had jurisdiction to entertain the suit. On merits, however, the trial court dismissed the suit with the finding that the plaintiff had no interest in the plots in suit and was not in possession thereof.