PARMANAND Vs. JAGDISH PRASAD ALIAS LALWA

JUDGEMENT

(1.) THE question that arises for consideration in this case is whether the suit was maintainable in the civil court. THE trial court held in the affirmative. THE defendant went up in revision where the findings were affirmed. Aggrieved, the defendant applicant has come to this court by way of revision.

(2.) THE facts are that the plaintiff let out the land in suit, which is situated on the bank of river Ganges for opening a Ghat and for putting up hutments for the convenience of the pilgrims. THEre can be no two opinions that the purpose for which the land was let out was not a purpose connected with agriculture, horticulture or animal husbandry.

(3.) SECTION 209 of the Act provides for a suit for ejectment of a person taking or retaining possession of land. SECTION 209 does not give any definition of land contrary to the definition provided in clause (14) of SECTION 3. SECTION 209 can, therefore, apply to land which was held or occupied for the mentioned purposes. The defendant did not hold or occupy the land for any such purpose. SECTION 209 was, therefore not applicable to a suit for his ejectment from the land in suit, and so the provisions of SECTION 331 could not bar the suit. The lower courts were right in holding that the suit was maintainable in the civil court.