SURESHWARI DATT Vs. PARMA

JUDGEMENT

(1.) This application in revision arises cut of an appellate order of the learned District Judge Mandi and Chamba districts confirming the order of the learned Additional Subordinate Judge Mandi returning the plaint filed by the petitioner for presentation to the proper Court.

(2.) !t is not' disputed that a lease dated 16th Sawan 2004 B. beginning from Rabi 2005 B. to Kharif 2009 B. was executed by the petitioner's father in favour of the respondent in respect of the disputed land situate in village Chattar Bahal. The said land was transferred in favour of the petitioner by his father. The respondent did not give up possession over the disputed land after the expiry of the period of lease. The petitioner filed a suit for recovery of possession of the disputed land and of Rs. 2,500/-as mesne profits for the last three years.

(3.) The suit was, in the main, resisted by the respondent on the ground that the relationship of landlord and tenant subsisted between the parties and the suit was not cognizable by a civil Court.