MOHD UMAR KHAN Vs. IDRIS MOHD GHANI

JUDGEMENT

(1.) This first appeal from order by Mohammad Umar Khan plaintiff is directed against an order dated 25-4-1974, passed by the District Judge, Rampur, directing that the plaint, filed by him, be returned for presentation before a proper court.

(2.) Mohammad Umar Khan filed Suit No. 46 of 1973, in the court of District Judge, Rampur, alleging that he was joint grove-holder of the groves specified in the plaint, along with Jabbar Khan, father of the defendants. Jabbar Khan got the name of the plaintiff expunged from revenue records and so arranged the matter that his name alone stood recorded therein. The plaintiff claimed that despite this he ramained in joint possession of the groves along with the defendants but for some time back Jabbar Khan started giving out that as the name of the plaintiff did not stand recorded in revenue papers, he had no right, title and interest in the groves. As the time for gathering fruits had arrived and as it was apprehended that the defendents would not permit the plaintiff to exercise the right of his joint possession over the groves and would prevent him from gathering fruits the plaintiff was likely to suffer irreparable injury and loss. The defendants had been denying plaintiffs title too and possession over, the groves and were likely to interfere with his possession. He, therefore, prayed for a decree for mandatory injunction restraining the defendants from interfering with his possession over the groves in dispute.

(3.) The defendants contested the suit and inter alia pleaded that as it was open to the plaintiff to obtain adequate relief from the revenue court, in respect of the cause of action set out in the plaint, the civil court had no jurisdiction to try the suit. This plea raised by the defendants prevailed with the District Judge who passed the impugned order directing that the plaint be returned to the plaintiff for presentation before proper court.