CHANDU LAL Vs. KALIA AND GORIA

JUDGEMENT

(1.) THE sole question that has to be answered in this petition for revision of the order of the Court of Shri Shiv Charan Dass Tyagi. Additional District Judge, Narnaul, dated May 25r 1973, is whether the jurisdiction of the civil Court is barred to try and, decide the suit for a declaration and permanent injunction filed by the Plaintiff -Respondents. This question, which forms the subject matter of issue No. 4 out of 'the issues framed by the trial Court, which issue was tried as preliminary one, has arisen in the following circumstances:

(2.) KALIA and Goria. sons of Ram Dhan, Plaintiffs -Respondents, were admittedly tenants of Chandu Lal, Defendant -Petitioner. They used to cultivate the Defendant's land on payment of produce rent. It is also the common case of both sides that after the passing of the order of ejectment, they had never been dispossessed of the tenancy holding. On November 12, 1968, the Defendant -Petitioner made an application under Section 43 of the Punjab Tenancy Act, 1887 (herein after referred to as the Tenancy Act), to the Assistant Collector (the Revenue Officer) for service on the Plaintiff -Respondents of a notice of ejectment envisaged in Clause (b) of Section 42 of that Act. Section 42 provides that no tenant is to be ejected otherwise than in execution of decree for ejectment except in the two cases specified in Clauses (a) and (b) thereof. Clause (b) reads:

(3.) IT was in the above -mentioned circumstances that on April 26, 1972, the Plaintiff -Respondents filed a suit: