MOOL RAJ Vs. ATMA RAM

JUDGEMENT

(1.) In a suit for declaration the plaintiff has challenged the status of the defendant as a permanent resident of the State of Jammu and Kashmir. It is alleged that the defendant was a resident of Sialkot and had shifted to the State of Jammu and Kashmir in the year 1947 and was not entitled to be declared as a permanent resident of the State of Jammu and Kashmir and the State Subject Certificate issued in his favour by the Tahsildar on 22-8-1956 is challenged on the ground that it has been obtained by fraud. Among the issues framed by the trial Court, two issues were treated as preliminary issues which are Issues Nos.1 and 4. These two issues are as under : Issue No.1. Whether the suit is not triable by the Civil Court? O.P.D. Issue No.4. Whether the plaintiff has no right to institute the present suit? O.P.D. The trial Court returned its finding on these issues in favour of the defendant and the suit of the plaintiff was dismissed. On perusal the learned Addl. District Judge reversed the findings of the trial Court and held the suit maintainable.

(2.) I have heard the learned counsel for the parties, and examined the record and the law on the subject.

(3.) Learned counsel for the appellant has submitted that the suit for declaration as regards the status of the defendant is not maintainable unless the plaintiff seeks a relief in his favour or shows in what manner the defendant's status would affect the plaintiff's rights. From the perusal of the plaint it transpires that the plaintiff has not shown anything in the plaint about his own rights or about the likely effect of his rights by the defendant being a permanent resident of the State of Jammu and Kashmir. Learned counsel for the appellant has submitted that no declaration can be granted to the plaintiff as none of the civil rights of the plaintiff are affected by the defendant's status. Sec. 9 of the Civil P.C. has been invoked and it is asserted that the suit cannot be tried as it does not involve any dispute of a civil nature. Reliance has been placed on District Board of Farrakhabad v. Prag Dutt, AIR 1948 All 382 (FB), and Mohd. Sher Khan v. Union of India, AIR 1964 All 63.