SAROTTAMRAO VISHWANATHRAO Vs. RAMRAO NARAYANRAO

JUDGEMENT

(1.) THIS is an appeal by the original defendants against the appellate judgment and order of remand of the Respondent plaintiff's suit passed by the Extra Assistant Judge, Aurangabad, in Civil Appeal No. 241 of 1961, on June 13, 1963. The above appeal No. 241 of 1961 come to be filed by the Respondent plaintiff's because by his judgment dated September 30, 1961, the joint Civil Judge Junior Division , Aurangabad, held that the Civil court had no jurisdiction to try the plaintiff's Regular Suit No. 36 of the 1959 and that the suit was not tenable in the form in which it was constituted. The learned appellate judge reversed the first finding that the Civil court had no jurisdiction and as regards the second findings, held that the question of tenability was liable to be decided after evidence of parties was recorded and not as preliminary issue as on demurrer.

(2.) IT is once again contended on behalf of the Appellants. [original Defendants] in this appeal that the Civil court has no jurisdiction to entertain the plaintiff suit and the appellate order or remand should accordingly be set aside. The facts relevance in connection with the above contention are as follows:-

(3.) IN the plaintiff's suit there are three prayers as follows:-[1] It be decreed that the plaintiff are owners of the Inami lands [ Mentioned in the plaint] to the extent of one half thereof. [2] That the plaintiffs are entitled to one half of the compensation amount of the jagir mentioned in the plaint. [3] The plaintiff be paid Rs. 800 in consequence of the declaration claimed in prayer [1] towards their half share in the income of the Inami lands for two years prior to the date of the suit. The main allegations of the in the plaint in connection with the above relief's claimed therein are as follows:-