MAKHAN LAL Vs. HARPHUL

JUDGEMENT

(1.) In July 1966, Makhan Lal and others, residents of village Ismailpur, District Rohtak, brought a suit in the Court of the Subordinate Judge, 1st Class, Jhajjar, against Harphool and others, for possession of the land in dispute on the ground that they were the owners of the said land and the defendants had taken forcible possession thereof.

(2.) The suit was contested by the defendants, whose case was that the plaintiffs were not the o P.S.Jain, V.M.Jain, Parkash Chand Jain wners of the land and the defendants had become its owners by adverse possession.

(3.) On the 18th November, 1967, the learned Judge returned the plaint for presentation before a Revenue Court, because, according to his finding, the defendants were in possession of the land as tenants of the plaintiffs and that being so, a suit for ejectment against the tenants was only triable by a Revenue Court in accordance with Section 77(3) second group (e) of the Punjab Tenancy Act.