PANCHA Vs. CHATRA

JUDGEMENT

(1.) THIS is a second appeal by the defendant Pancha and it is directed against the judgment of the Civil Judge, Sojat, dated 26th of August, 1952.

(2.) THE suit was originally instituted in the court of the Tehsildar, Sendra, on 9th of September, 1948. THE plaintiff's case was that certain plots which were mentioned in paragraph No. 1 of the plain were got by him by a gift-deed dated 14th of September, 1911. and that he was in continuous possession of that property since that date. On 25th of June3, 1947, the defendant, without any lawful authority, dispossessed him, and, therefore, it was prayed that the defendants should be dispossessed from the disputed land and its possession should be restored to the plaintiff. It appears that this case was transferred to Munsif, Jetaran, and from the 26th of August, 1949, proceedings continued in the Court. THE case was ultimately decided by the same court on 29th of February, 1951 in the plaintiff's favour. THE defendants went in appeal and raised an objection that this suit was triable by revenue court and should not have been decided by the Munsif, Jetaran. THE first appellate court turned down that objection on the ground that there was no failure of justice and, therefore, sec. 21 of the Civil Procedure Code cured and the defect of jurisdiction, if there was any.