RANA VIDYA BHUSHAN SINGH Vs. SHRI RATI RAM

JUDGEMENT

(1.) This is a plaintiffs' second appeal and is directed against a judgment and decree of the learned District Judge, Mahasu, Sirmur, Bilaspur and Kinnaur districts dismissing the suit: filed by the appellants.

(2.) Shri Rana Vidya Bhushan Singh and his sister Smt. Devi Dev Lata minor through her next, friend Smt. Vidyawati filed a suit against the respondent for recovery of possession of land measuring 78 bighas 18 biswas comprised in Khasra No. 331 Khata No. 22 Khatauni No. 27 situate-in village Mihana, of Rs. 500/- as damages for use and occupation of the said land during the period from Kharif 1955 to Rabi 1957 and of future mesne profits:

(3.) The respondent contested the suit inter alia on the ground that the relationship of landlord and tenant subsisted between appellant No. 1 and himself and the Civil Court had no jurisdiction to entertain the suit. This plea found favour with the learned trial Court and the plaint was returned for presentation to the proper revenue Court. Against the aforesaid decision an appeal was preferred by the plaintiffs-appellants and while the learned District Judge upheld the finding recorded by the trial Court on the question of the existence of the relationship of landlord and tenant he reached the conclusion, that in view of that finding the suit deserved to be dismissed and accordingly the suit was dismissed. Aggrieved by the aforesaid decree the present appeal has been filed.