JAI SINGH Vs. HANUMANT SINGH

JUDGEMENT

(1.) THE plaintiff-opposite party sued for an injunction restraining the defendant from interfering with the plaintiff's possession. THE case taken up in the plaint was that there had been a compromise in the family to which the defendant was a signatory. THE compromise was given effect to in a litigation pending in the Civil Court. It was, however, not given effect to in the revenue court and taking advantage of that fact, respondent No. 3 Jai Singh, got his name surreptitiously entered over the disputed plots in the revenue records as a Shikmi and he threatened to interfere with the plaintiff's possession. Hence the suit for an injunction.

(2.) THE defendant, inter alia, pleaded that the civil court had no jurisdiction to entertain the suit. THE trial court framed a preliminary issue on this and answered it against the plaintiff. It held that the revenue court alone had jurisdiction to entertain the suit. It directed the return of the plaint for presentation to the proper court. Aggrieved, the plaintiff appealed. THE lower appellate court held that the civil court had jurisdiction. It allowed the appeal and set aside the order of the trial court. THE defendant has now come to this court in revision.