SHIKHAR CHAND JAIN Vs. RUGHNATH PARSHAD

JUDGEMENT

(1.) THIS is an appeal arising out of the judgment and decree dated 11.1.1978 passed by Additional District and Sessions Judge, Rohtak. The plaintiffs brought a suit for possession contending that Suraj Bhan was their statutory tenant on whose death, his widow Smt. Mewa Devi came into possession of the shop in dispute, she inducted defendants Nos. 2 and 3 in the said shop, the tenancy was a statutory tenancy, she did not inherit the same. The defendants were averred to be trespassers.

(2.) THE trial Court decreed the suit. The lower appellate Court, taking the facts as stated in the plaint, found that statutory tenancy is heritable. Smt. Mewa Devi did inherit the same and became tenant under the plaintiffs. The induction of other defendants by her having been alleged in the plaint, it was held that Civil Court had no jurisdiction to pass a decree for possession.

(3.) I find no force in the contention raised by the counsel for the appellants. It is an accepted principle of law that in order to confer jurisdiction on the civil Court it is only the allegations contained in the plaint which are to be seen. It has been so observed in S. Raghbir Singh v. Capt. Gurcharan Singh, 1983 P.L.R. 516 :-