RAM BAHADUR Vs. IST ADDL CIVIL JUDGE ALLAHABAD

JUDGEMENT

(1.) THE writ petition is listed for admission in which parties have already exchanged counter and rejoinder affidavits and all the relevant facts have been placed on record. Learned counsel for the parties, therefore, suggested that the writ petition may itself be disposed of at this very stage finally. Consequently parties' learned counsel were heard on the merits of the petition also.

(2.) IN this writ petition the order passed by 2nd Addl. Civil Judge, Allahabad dated 18-8-86 has been challenged. By the said order the court has allowed the plaintiff's appeal against rejection of the injunction application by the trial court and the petitioners have been restrained from interfering with her possession over the disputed land.

(3.) THE petitioners' learned counsel has urged that the civil court could have no jurisdiction in view of decision in Vijai Singh v. 2nd Addl. District and Sessions Judge, 1982 RD 207 where the facts were no doubt very similar to the facts of the instant case. THE decision was based on the law as laid down in the Full Bench decision of this Court in Ram Awlamb v. Jata Shankar, 1968 AWR 731. However, the point in controversy in that case was different. It related to jurisdiction of Civil and Revenue Court where more than one reliefs were claimed in the suit, some of which were amenable to civil court's jurisdiction while some others could be granted exclusively by the Revenue Court In the present case, the controversy relates to a suit in which the only relief claimed is an injunction and the question raised is whether this necessarily involves declaration of plaintiffs' right in respect of the land ? THE controversy here is, therefore, much narrower and is confined to the question whether in a suit where the only relief claimed is an injunction, in all cases invariably a declaration is involved ? In view of Section 9 CP normally a suit for injunction would be cognizable only by the Civil Courts. However, in view of Section 331 of UP ZA & LR Act the jurisdiction of the civil court has been taken away in certain types of cases. Section 331, in so far as it is relevant for our purposes, provides as under :