DINU Vs. NASIB KHAN

JUDGEMENT

(1.) This is an appeal against the order of the learned District Judge, Gurgaon, dated 23rd January, 1974 vide which the order of the learned Senior Sub-Judge, Gurgaon, dated 7.2.1973 returning the plaint to the plaintiff for being presented to the Collector, has been set aside.

(2.) The facts of the case, briefly stated, are that Nasib Khan claiming himself to be holding the land in dispute for the last more than one hundred years through his predecessors-in-interest as a tenant paying no rent to the owners except the land revenue, rates and cesses, payable to the State, filed the suit for a decree for declaration that he has become occupancy tenant and consequently fullfledged owner of the suit-land under Sections 5 and 8 of the Punjab Tenancy Act, 1887 and under the provisions of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953 (hereinafter called the Act of 1953), respectively, and for a decree for possession of the land comprised in khasra No. 57/5/3 measuring 2 kanals and 19 marlas against defendant No. 5 and restraining defendant Nos. 1 to 4 from dispossessing him from the land in question.

(3.) The main contention of the learned counsel for the appellant is that as Nasib Khan wants a declaration that he was the occupancy tenant of the land in dispute, so under Section 77(3)(d) of the Act of 1887, only the revenue Court could decide the matter in issue and not the Civil Court.