LAWS(RAJ)-1996-12-40

SRIMOHAN ALIAS MOHAN LAL JOSHI Vs. SITARAM JOSHI

Decided On December 03, 1996
SRIMOHAN ALIAS MOHAN LAL JOSHI Appellant
V/S
SITARAM JOSHI Respondents

JUDGEMENT

(1.) THE question for consideration in this appeal is as to whether the suit for partition and injunction with regard to an immovable property entered into revenue record as `abadi & Banjad land', is maintainable in the civil court?

(2.) THIS question has arisen in the circumstance set out herein below.

(3.) THE trial court vide impugned order dated 16. 2. 1996 decided the aforementioned issue against the plaintiff and directed that the plaint be returned to the plaintiff for filing it before the Assistant Collector, having jurisdiction to try the matter. Hence this appeal.