PHATTELAL Vs. NANDLAL

JUDGEMENT

(1.) THIS is a revision petition by the Plaintiff challenging the correctness of the order of the lower Court dated 5 -1 -1962 returning his plaint for presentation to the proper authority on the ground that the suit was excluded from the jurisdiction of civil Court under Section 250 read with Section 257(X) of the Madhya Pradesh Land Revenue Code (hereinafter called "the Code").

(2.) IT is the case of the Plaintiff that the Defendant had conveyed the said fields to him by way of sale for valuable consideration and had also placed him in possession thereof. But later on he was dispossessed. The Plaintiff filed the suit for a declaration of his title as also for possession and mesne profits of certain fields from which he was being excluded by the Defendant. On objection being raised as to the jurisdiction of the civil Court to entertain the suit the lower Court ordered return of the plaint as stated in the beginning.

(3.) THAT apart, a perusal of Section 250 of the Code would also show that the remedy provided therein is only an alternate remedy similar to one provided under Section 9 of the Specific Relief Act. Under that section a Bhumiswami. dispossessed otherwise than in due course of law or if any person unautho -risedly continues in possession of his land, may apply to the Tahsildar for restoration of his possession within two years from the date of dispossession or from the date the possession becomes unauthorised. Thus, it will be seen what the Tahsildar would enquire into is only a simple question either of dispossession or of unauthorised continuance of possession in the same way as is done under Section 9 of the Specific Relief Act The remedy under Section 250 of the Code, therefore, being an alternate one, jurisdiction of the civil Court could never be held to have been excluded by Section 257 of the Code. In this view also I hold that the lower Court has jurisdiction to entertain the suit filed by the Plaintiff and that the order returning the plaint is manifestly wrong.