TRILOKI NATH Vs. SHAM LAL

JUDGEMENT

(1.) IN this Civil Revision petition the plaintiff has assailed the order of the learned Munsiff, Kupwara dated 22.51984 transmitting the suit file to Asitt. Commr. Kupwara for trial, under section 19 (3) (e) of the Jammu and Kashmir Agrarian Reforms Act, as also the order of Assistant Commr Kupwara dated 5,9 -1984 returning the plaint to the plaintiff petitioner for presenting the same before a proper court.

(2.) THE revision was admitted only against the order of the Munsiff dated 22.5.1984.

(3.) FROM the perusal of record it transpires that the petitioner filed a suit in the court of Munsiff, Kupwara for perpetual injunction in respect of trees standing admittedly in the lard belonging to the parties. With the coming into force of the Jammu & Kashmir Agrarian Reforms Act, the Munsiff transferred the suit file to Asstt. Commr. (Collector) Kupwara on 28 9 1978 under section 19 (3) (e) of the said Act for disposal. The learned Collector returned the file to Munsiff. Kupwara on 124.1984 holding that the suit was not triable by him under the said Act. The Munsiff Kupwara again sent the file back to Asstt. Commr. (Collector) Kupwara on 22. 5 1984 holding that the suit was triable for the Collector under the Agrarian Reforms Act. The Collector then returned the plaint to the petitioner on 5 9. 1984 for presenting the same before a proper forum. The petitioner having been left with no forum has approached this court by medium of this Revision against the orders impugned mentioned above.