SHERA Vs. CHHOTEY LAL

JUDGEMENT

(1.) THE Plaintiff opposite parties sued for an injunction that the Defendants be directed to restore the Kachchi Nali in dispute. The Defendants pleaded that the suit was barred by Section 49 of the Consolidation of Holdings Act and that the Court had no jurisdiction to entertain the suit. These two issues were treated as preliminary issues and were answered in the negative. Aggrieved, the Defendants went up in revision. The finding was affirmed. Aggrieved, the Defendants have come to this Court in revision.

(2.) LEARNED Counsel for the applicants invited my attention to Section 8 of the Consolidation of Holdings Act under which the District Deputy Director of Consolidation is required to determine the valuation of each plot after taking into consideration the availability of irrigation facilities, if any. On this basis it was argued that the question whether any irrigation facilities were available to the Plaintiff's plot was liable to be determined in consolidation proceedings.

(3.) THE revision fails and is accordingly dismissed with costs.