SAWARMAL JHUNJHUNWALA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS Civil Reference is pursuant to the order dated 17.10.2001 passed by the learned Munsiff, Shillong in Title Suit No. 6 (H)/1988. The circumstances in which the reference has been made are as follows.

(2.) ONE Sri Swarmal Jhunjhunwalla filed a suit being T.S. No. 6 (H)/1988 in the Court of the learned Munsiff, Shillong for recovery of possession and permanent injunction. The suit was valued at Rs. 340/-. The relief sought for in the suit are as follows:

(3.) ALTHOUGH no such challenge was made to the aforesaid order passed by the learned District Judge, the question of jurisdiction was raised before the Additional Deputy Commissioner, Revenue, before whom the suit was pending. The learned ADC by his order dated 18.11.1999 having held that the jurisdiction lies with the Civil Court, the case records were transferred to the learned Munsiff, Shillong.