MULA Vs. HAR NARAIN

JUDGEMENT

(1.) This appeal has arisen out of a suit filed by Mula alleging that he was a tenant of the land in dispute and that he had been forcibly dispossessed by the landlord from that land on the 21st July, 1960, the suit having been brought in 1963. The suit was resisted by the landlord inter alia on the ground that Mula was a partner with Amar Singh, that Amar Singh, in fact, was the tenant, who had been properly ejected and Mula goes with Amar Singh. The issues were settled on merits, which were found against the plaintiff, who then went in appeal. Before the Additional District Judge, point of jurisdiction was also' taken. It was urged that a Civil Court had no jurisdiction to entertain the suit as brought. The Additional District Judge relying on the Full Bench decision of this Court reported in Bhag Singh and others v. Jawahar Singh and others, 1965 67 PunLR 226 upheld this objection and dismissed the appeal on the short ground that the suit could not be filed in the Civil Court. Mula has come up in second appeal.

(2.) On behalf of the appellant two points are stressed :-

(3.) Prima facie these observations would also cover disputes falling under clause (g), which relates to a suit by a tenant who alleges to have been dispossessed. However, these observations were specifically considered by Capoor J. who delivered the main judgment in the Full Bench case cited above. After giving facts of this case of the Supreme Court, it was observed as follows :-