PREM DAS Vs. GOVIND SAHAI

JUDGEMENT

(1.) THIS is a revision by Prem Das under sec. 115 of the Code of Civil Procedure, and has arisen in the following circumstances.

(2.) PREM Das is the Muddati Mazara (something like an occupancy tenant) of plot No. 826 in village Sherpur. Govind Sahai opposite party is also Muddati Mazara of the contiguous plot No. 827. The dispute relates to a portion of No. 826, which is said to have been amalgamated with No. 827, and is known as 826 Minjumla. In the revenue papers, it seems that Govind Sahai was entered as a subtenant of PREM Das on this 826 Min. Consequently, PREM Das issued notice of ejectment against Govind Sahai under sec. 180 of the Alwar Revenue Code. This notice was contested by Govind Sahai under sec. 181 (3) of the same Code by instituting a suit. That suit was dismissed by the first court, but was decreed by the first appellate court and was eventually dismissed by the second appellate court, namely, the Revenue Minister of the former State of Alwar, on the 25th of July, 1947. Thereafter a decree of ejectment followed under sec. 181 (4) of the Alwar Revenue Code, and possession was given to PREM Das of this plot in execution of the decree. Thereafter, Govind Sahai brought a suit in the civil court against PREM Das, and his prayers were that a declaration be made that 826 Min was included in 827, because it was in the adverse possession of the plaintiff, and the entry in the revenue papers with respect to 826 Min was incorrect, and that the decision of the Revenue Minister dated the 25th of July, I947, was null and void, and that the plaintiff should be given possession of 826 Min. Thereupon, the present applicant objected in his written statement that the suit as framed was not cognizable in the civil court, and should have been filed in the revenue court. A preliminary issue on this point was framed, and the learned Munsiff decided on the 5th of September, 1950 that he had jurisdiction to hear the suit. It is against this order that the present revision has been filed.