JYOTI RAM Vs. DIST JUDGE SAHARANPUR

JUDGEMENT

(1.) 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 24-8-94 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 accommodation was let out @ Rs. 500.00 per month and it has been stated that the petitioner is a defaulter in payment of rent from the period 1-4-83 to 30-6-86 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 Cause 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.) In the trial court, an objection was raised that the land over which the house was constructed still continues to be an agricultural holding and unless a declaration was granted by the revenue court, the nature of the land would continue as agricultural holding and the civil courts would have no jurisdiction for entertaining the suit far ejectment and arrears of rent. This plea was accepted by the learned Munsif and the plaint was rejected. A revision was filed against the said order before the District Judge. The District Judge Allowed the revision holding the civil court has jurisdiction to try the suit.