HARBANS SINGH Vs. LIAQAT HUSAIN

JUDGEMENT

(1.) This is a first appeal from order passed by the learned Civil Judge of Bulandshahr directing the plaint to be returned to the Plaintiff for presentation to the proper court.

(2.) The suit was for the recovery of Rs. 600.00 said to be due to the Plaintiff who allowed the Defendant to hold weekly cattle fair in his grove in lieu of Rs. 200.00 a year promised by the Defendant. It was claimed by the Plaintiff that the Defendants had held their cattle fair for three years and had not paid the amount stipulated. One of the points raised in defence was that the amount of Rs. 200.00 agreed upon between the parties was rent or Sayar within the meaning of the U.P. T. Act, 1939 and the suit was not entertainable by the Civil Court. The learned Munsif took the view that the amount of Rs. 200.00 was neither rent not Sayar and therefore decreed the Plaintiff's suit. On appear the lower appellate court was of opinion that the amount was Sayar and the suit should, therefore, have been instituted in a revenue court. He accordingly directed the plaint to be returned to the Plaintiff for presentation to the proper court.

(3.) Mr. H.C. Sharma who appeared for Mr. B.D. Gupta the Appellant's learned Counsel raised a new point in appeal. He contended that irrespective of the question as to whether the amount of Rs. 200.00 was Sayar or not, the lower appellate court should not have passed an order directing the plaint to be returned for presentation to another court. He referred to Sec. 291 of the U.P. T. Act which reads as follows: