JYOTI RAM Vs. DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) N. L. Ganguly, J. This writ petition is directed against the order of the District Judge in Civil Revision by which he allowed the revision and set aside the order of the learned Munsif, dated 24-8 1994 rejecting the plaint.

(2.) A suit was filed for ejectment of the petitioner from the residential accommodation consisting of some rooms etc. A copy of the plaint has been filed as Annexure No. 1 to the writ petition. It is not disputed that the ac commodation was let out @ R. 500 per month and it has been stated that the petitioner is a defaulter in payment of rent from the period 1-4-1983 to 30-6-1986 when the suit was filed. It is also not disputed that the house was constructed over agricultural holding for which the respondent moved an application for declaration that the said land which was previously agricultural holding was converted and was in use as abadi land. A suit previously for arrears of rent and ejectment was filed before the Judge Small Causes Court. In the said court, a plea of jurisdiction was raised and the plaint was returned for presentation before the appropriate court. After taking the plaint back, the respondent filed the said plaint before the Munsif's court.

(3.) ANOTHER decision reported in 1965 RD 183 - Mohd. Evaj and another v. Ram Prasad and another was cited. In the said case, the learned Single Judge was also dealing with a matter in which the defendant after encroaching over, the sirdari plot of the plaintiff, had raised certain unauthorised construction. The suit was filed for recovery of possession and damages in the revenue court. The learned Single Judge was of the view that such a suit was cognizable by the revenue court.