MAGAN SINGH Vs. RUGHA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff whose suit for a so-called declaratory relief was decreed in part only by the trial court, the first appellate court confirming the same in appeal.

(2.) WE have heard the parties and have gone through the record as well. The first question that arises for determination in the case is as regards the jurisdiction over the subject matter of the suit. The plaintiff is the Jagirdar of the land in dispute. His claim is that one-half of the land in dispute is in his actual cultivation that only the other half is in the possession of Balbha tenant and that Rugha has no claim whatsoever to any portion of the land. The plaint presented by him before the trial court after standing the material facts contains the following prayer: - "the plaintiff be granted a declaratory decree against the defendants to the effect that the defendants should not interfere with the plaintiff's possession which extends to one-half of the land in dispute. Besides a temporary injunction may also be issued against the defendants whereby they be restrained from making any interference with the plaintiff's possession during the pendency of the suit".