KIRPAL SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is an appeal against an appellate decree of the Second Additional District Judge at Ferozepore dated the 24th March, 1952 confirming the decree of the trial Court and decreeing the plaintiff's suit.

(2.) Joginder Singh plaintiff is the assignee of the rent due from a tenant of agriculatural land and he brought a suit on the 10th January, 1949 for the recovery of arrears of rent amounting to Rs. 1,500/- for the period of Kharif 1945 to Rabi 1946. The suit was originally brought in a Revenue Court and no an objection being raised that the suit was triable only by a Civil Court it was returned for presentation to a civil and it was presented in the Court of a Subordinate Judge 1st Class on the 25th February, 1950. There objection was taken that the suit triable by a Revenue Court and not by a civil Court. Plea of limitation was also taken and also as to the amount, but all these pleas were decided in favour of the plaintiff.

(3.) An appeal was then taken to the Additional District Judge and one of the grounds taken there was that the suit was triable nor by a civil Court but by a revenue Court which was negatived by the learned Judge. He also upheld the findings of the trial Court on the other issues.