SOHAN LAL Vs. MALI RAM

JUDGEMENT

(1.) This Civil Revision is directed against the order dated 3.8.2009 passed bySub Judge (C.J.M.), Udhampur in a suit titled Sohal Lal v. Mali Ram and Ors., FileNo. 72/Civil, whereby the suit came to be transferred to Assistant Commissioner, Collector Agrarian Reforms, Udhampur for disposal under law (hereinafter for short, impugned order).

(2.) The Petitioner/Plaintiff filed a suit for permanent injunction restraining the Respondents/Defendants from causing any sort of interference/obstruction in his peaceful possession or from forcibly evicting him in respect of the land measuring 4 kanals 15 marlas comprising under Survey No. 1025 (new) and 163 (old) and land measuring 8 marlas falling under Survey No. 1026 (new) and 163 (old) situated at Village Jakhani, Tehsil Udhampur. The Petitioner/Plaintiff has based his claim that he is owner in possession of subject matter of the suit property. Respondents/Defendants have filed the written statement on various grounds. They have admitted the ownership and possession of Plaintiff over the suit land but have stated that Plaintiff has encroached upon the existing lane on the northern side of the suit land by 6 ft. in breadth and under the garb of present suit is trying to cover his illegal possession over the lane. They have averred that civil court lacks jurisdiction to try the suit for the reason that the land is agricultural land and, therefore, is to be tried by the Collector Agrarian Reforms. Following issues came to be framed: 1. Whether this Court lacks jurisdiction to try and hear the suit? OPD

(3.) Issues 1 & 2 came to be treated as preliminary issues. The trial court held that the suit is to be tried by authority under the Agrarian Reforms Act (for short, Act) and accordingly decided issue No. 1 in favour of Defendants and against the Plaintiff and directed the parties to cause appearance before the Collector.