ZULFKAR ALI SHAH Vs. ALAM SHAH

JUDGEMENT

(1.) THIS Civil Revision is directed against order dated 5 -8 -2004 of learned Munsiff, Judicial Magistrate Ist Class, Mendhar, whereby he has held suit titled Zulfkar Ali Shah and ors. Versus Alam Shah and ors., triable by authorities under the Agrarian Reforms Act, and transferred the suit pending before him to Collector (SDM, Mendhar).

(2.) SHRI Babu Ram Sharma, learned counsel for the petitioner, submits that learned Munsiff has erred in holding that the suit was not triable by the Civil Courts. He relies on Subhan Dar v. Anwar Dar and others, reported as 1985 KLJ 477. Shri Babu Ram additionally submits that without framing any issue regarding jurisdiction of the Court to entertain the suit, learned Munsiff has transferred the case which, according to Shri Sharma, is a course, not recognized by law. Shri Babu Ram Sharma further submits that a suit for injunction is not cognizable by a Collector under the Agrarian Reforms Act and in that view of the matter, only Civil Courts can entertain a suit for injunction.

(3.) SHRI J.A. Kazmi, learned counsel appearing for the respondents, while supporting the order impugned in the Revision Petition, has relied on another Single Bench judgment of this Court reported as 1999 Srinagar Law Journal 524, titled Bua Ditta v. Ananti. I have considered both the judgments of this Court. Submissions of learned counsel for the parties too have been registered.