MANTA AND ANOTHER Vs. SHOBHA

JUDGEMENT

(1.) Heard learned counsel for the appellants on the point of admission of second appeal and perused the records.

(2.) In original suit no. 251/2001 (Shobha v. Manta & another), the plaint case in brief was that plaintiff is sole bhumidhar and tenure-holder of disputed agricultural property and defendant has no right title or interest in it but is trying to interfere in plaintiff's possession, therefore defendant be restrained from doing so by himself of permanent injunction.

(3.) In written-statement filed in original suit, defendant pleaded himself that, inter alia, litigation for declaration of title and rights of parties over disputed property is pending in revenue court, therefore, civil court has no jurisdiction to decide the matter.