KRISHNA KUMARDAS Vs. BALRAMDAS

JUDGEMENT

(1.) THE plaintiffs-applicants filed a suit in the Court of the Civil Judge, Class II, Mungeli, for the possession of a house situate at mouza Lormi under section 6 of the Specific Relief Act on the allegation that they had been illegally dispossessed therefrom by the defendants-non-applicants on or about 21-1-1966 when they (the defendants) forcibly trespassed into the house after breaking open the locks. THE defence, inter alia, was that the Court had no jurisdiction to try the suit in view of section 257 (x) read with section 250 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'the Code') as the land on which the house stood was held by the plaintiffs-applicants in Bhumiswami rights.

(2.) THE trial Court has upheld the objection of the defendants and hence the plaintiffs-applicants have come up in revision to this Court under section 115 of the Code of Civil Procedure.

(3.) IN my opinion, the case was properly triable by the trial Court in which it was filed and in refusing to try it on the ground that the case was triable by the Tahsildar under section 250 of the Code, the trial Court has refused to exercise jurisdiction vested in it by law. The order of the learned civil Judge is, therefore, hereby set aside and the case is remitted to him for being proceeded with and disposed of in accordance with law.