OFFICIAL LIQUIDATOR Vs. G C MUKHERJEE

JUDGEMENT

(1.) THIS revision is directed against the decision of an issue with regard to the jurisdiction of the court to entertain the suit.

(2.) THE plaintiff applicant filed a suit in the Civil Court for a declaration that the order dated 27th September, 1960, passed by the Assistant Collector declaring Sri G. C. Mukherjee, defendant, as sirdar was vitiated by fraud and for possession and damages. One of the plea taken in defence was that the land in dispute was agricultural and the civil court has no jurisdiction. Issues 8 and 9 were framed on these pleas.

(3.) IN the result the revision succeeds and is allowed. The finding recorded by the trial court on issue no. 9 is set aside and it is held that the civil court had jurisdiction to try the suit. The case is sent back to the trial court for proceeding with the decision of the case in accordance with law. The applicant will be entitled to costs. Revision allowed.