TIKA RAM Vs. MAHESHWARI DIN

JUDGEMENT

(1.) Original suit No. 81 of 1955 for partition and possession was instituted in the court of Munsif Hamirpur on 16-2-1955. One of the issues framed in the .suit was : "whether the plaintiff is co-sirdar of the land in suit along with defendants 1 and 2?" On 24-11-1956 this issue was remitted to the Collector Jalaun for a finding in view of the provisions of Section 332-B of the U. P. Zamindari Abolition and Land Reforms Act 1950, as amended by Section 19 of the U. P. Land Reforms (Amendment) Act (XVIII of 1956).

(2.) The Collector Jalaun transferred the case for disposal to the court of Sri Nem Chandra Jain, Assistant Collector, First Class. On 28-6-1957 Sri Jain returned the record without any finding on the issue referred to the court of the Munsif holding that the reference was without jurisdiction and any decision of the issue by him would be without jurisdiction.

(3.) The Munsif Hamirpur thereafter made this reference to this court under Section 113 C. P. C.