CHHAJU RAM Vs. NAND LAL

JUDGEMENT

(1.) This revision petition has been filed by the defendant against the order of the Senior Subordinate Judge, Bhiwani, dated 28-5-1981.

(2.) Briefly the case of the plaintiff is that the defendant encroached upon the part of the street which was between his house and that of the defendant. He, consequently, filed a suit for mandatory injunction directing the defendant to remove illegal encroachment and restraining him not to interfere into the enjoyment of the street by the plaintiff.

(3.) The suit was contested by the defendant who controverted the allegations of the plaintiff and inter alia pleaded that the property was not a shamlat property and that the Civil Court had no jurisdiction to try the suit. The learned trial Court had no jurisdiction to try the suit. The learned trial Court framed as many as 11 issues. Issue No. 5 related to the jurisdiction of the Court and reads as follows.