SUNDER Vs. SURJAN SINGH

JUDGEMENT

(1.) THE following facts are pertinent for disposal of this second appeal from the judgment and decree of the learned Senior Subordinate Judge with enhanced appellate powers, Karnal:

(2.) THE Defendant in due course applied for restoration of possession of the land to him. The learned Assistant Collector dismissed his application on 31st July, 1959. Thereafter he filed a regular suit under Section 50 of the Punjab Tenancy Act and Section 144 of the Code of Civil Procedure against his two landlords for possession of the land from which he had been ejected by order of the learned Collector, Karnal. The suit was dismissed on 11th January, 1960.

(3.) SUNDER Defendant resisted the suit, on the grounds that the civil Court had no jurisdiction in the matter and that the order of the learned Assistant Collector dated 13th June, 1960, was legal and within his competence. He denied the Plaintiff's title in the land.