SMT. LAUGANIA Vs. CHHATRAPAL

JUDGEMENT

(1.) Heard learned counsel for the parties. During argument it appeared that the matter may be decided on merits on the basis of admitted facts. Therefore, it is accordingly decided.

(2.) Admittedly, original owner of disputed agricultural property of plots no. 118 and 102 of village Durjanpur was Baldev, who had died on 1.7.2002 Admittedly a registered will-deed dated 27.6.2002 was executed on behalf of Beldev in favour of three plaintiffs and the defendant no. 1 (present appellant Smt. Laugania). It is also admitted that after the death of Baldev name of defendant no.-1 appellant Smt. Laugania was recorded in revenue papers.

(3.) Then plaintiffs have filed Original Suit No. 233/2013 for permanent injunction claiming their joint possession and right as co-bhumidhar of disputed property with defendant no.-1, on the basis of said registered will executed by Baldev. This suit was dismissed by the judgment dated 9.7.2013 of trial court with finding that after filing of original suit, the plaintiffs had filed suit under Section 229-B of U.P. Z.A. & L.R. Act for declaration of their rights as co-bhumidhar of disputed property, and since such declaration is necessary for granting relief of permanent injunction, so such declaration being within exclusive jurisdiction of revenue court, the suit is beyond jurisdiction of civil court. On these grounds, trial court had dismissed the original suit.