FAQIRA Vs. KUL BHUSHAN

JUDGEMENT

(1.) This second appeal is directed against the judgment dated 14th February, 1973, delivered by the learned Additional District Judge, Gurgaon. The land in dispute was owned and possessed by one Bihari Lal who was a big land-holder. His surplus area was determined on 28th January, 1960, and the surplus land was allotted to the tenants on 17th June, 1963. Pursuant to the order of allotment, the possession of the land allotted was also transferred to them. On 30th October, 1969, the suit, out of which the present appeal arises, was filed by the respondents with the allegations that Shri Bihari Lal had died in December, 1960, before the land was utilised by allotting it to various tenants, and after the death of Bihari Lal, none of his individual heirs could be regarded as big landlords. It was prayed that the decree for possession of land be passed in their favour. This suit was resisted by the respondents, who inter alia asserted that the suit was time barred and the civil Courts had no jurisdiction. On the pleadings of the parties, the following issues were framed by the learned trial Court :

(2.) In this appeal, two questions are involved :

(3.) Mr. P.S. Jain, learned counsel for the respondents has raised a preliminary objection. According to him, the issue regarding jurisdiction was conceded on behalf of the appellants in the learned Courts below and on this basis, the matter covered by this issue cannot be reagitated in second appeal. I am afraid, I cannot agree with this contention because issue regarding jurisdiction is one of law and an admission made on a point of law by a counsel is not binding on a party to an appeal.