MAGAN LAL CHATURVEDI Vs. DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) The order dated 8.9.1997 passed by the Civil Judge. Senior Division. IVth Court, Mathura In Original Suit No. 598 of 1987, holding ' Issue Nos. 2 and 8 in favour of the plaintiff was affirmed by an order dated 28.1.1998 passed by the learned District Judge, Mathura. In Civil Revision No. 215 of 1997. The said two issues which were decided as preliminary issue involved the question as to whether the suit was barred by reason of Section 331 of U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act) and whether the civil court had jurisdiction to entertain the suit. These two issues were answered in favour of the plaintiff holding that the suit was not barred by Section 331 of the Act and the suit is maintainable before the civil court.

(2.) Sri Rahul Chaturvedi, learned counsel for the petitioner contends that since the land was not residential plot and was in fact agricultural plot, therefore, the dispute Involved in the suit is barred by provisions of Section 331 of the Act. According to him the suit for Injunction Involved declaration of title and, therefore, it is well within the mischief of Section 331 of the Act. He further contends that the relief prayed for in the present suit cannot be granted without adjudication of the title to the property and declaration thereof in favour of the plaintiff. He also relied on various decisions in support of his contention, to which reference shall be made at appropriate stage.

(3.) Heard Sri Rahul Chaturvedi, learned counsel for the petitioner and Sri Janardan Sahai, learned counsel appearing on behalf of caveator opposite party at length.