(1.) THE only question for consideration in this second appeal is whether suit by the plaintiff respondent protected tenant, in the Civil Court was competent or barred under section 85 of the Jammu and Kashmir Tenancy Act.
(2.) THE plaintiff respondent filed his suit on 17 -6 -62 alleging forcible dispossession from the suit land on 2 -4 -60 by his landlord, appellant Nasib Singh.
(3.) THE appellant admitted the respondent to have been his tenant, but pleaded oral surrender of the holding by him. He also questioned the jurisdiction of the Civil Court to try this suit.