RANDHIR SINGH Vs. GIAN CHAND

JUDGEMENT

(1.) PLAINTIFF -respondent No.1 herein Gian Chand has filed a civil suit in the court of Sub Judge Kathua for declaration and restoration of possession besides permanent injunction in respect of land comprising Khasra No. 863/778 measuring 4 kanals situate in village Logate Tehsil Kathua. Respondent -2 herein has sold 4 kanals of land comprising in Khasra No. 863/778 -min situated in village Logate Tehsil Kathua for a consideration of Rs.40,000/ - to petitioner herein vide sale deed dated 20.7.2000. Respondent No 2 Mohar Singh was recorded as owner in possession in the revenue record. Respondent Gian Chand filed a civil suit seeking declaration to the effect that the said sale deed executed by respondent Mohar Singh in favour of the petitioner herein in respect of above mentioned land is null, void, ineffective and inoperative with consequential relief of restoration of possession to him besides grant of permanent injunction restraining the other party from changing the nature of user of the land by raising any construction whatsoever. The plaintiff -respondent No.1 herein claims himself to be the tenant of the above said land and has alleged that an appeal was also filed before the Commissioner, Agrarian Reforms and the same was pending there. The defendants in the suit contested the suit on the ground that the civil court has no jurisdiction besides other pleas.

(2.) ON the pleadings of the parties the learned trial court framed a preliminary issue in respect of the jurisdiction which reads as under: -

(3.) BEING aggrieved by this order, the defendant -petitioner herein has filed this revision petition.