(1.) This Full Bench has been constituted to consider the question
(2.) The learned counsel wanted to argue a point in connection with Section 40(2) of the Land Revenue Act also but we did not allow him to do so because only the question mentioned above has been referred to us.
(3.) The plaintiff filed the suit on 30-11-1948 for possession under Section 9 of the Specific Relief Act alleging that they were in actual possession of the land in disoute (which was admittedly an agricultural land) but had been wrongfully dispossessed by the defendants otherwise than in accordance with law in November 1948. The defendants contested the suit and disputed the correctness of the plain-tiff's allegations. They said that they had themselves been in possession of the land as tenants of the plaintiff for more than 12 years. It was therefore not open to the plaintiffs to eject them. They also pleaded that the plaintiffs had filed the suit under Section 9 of the Specific Relief Act only to evade the jurisdiction of the revenue court as the suit if filed there could never succeed.
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