RAM SUBHAG SINGH Vs. DIP NARAIN SINGH

JUDGEMENT

(1.) This case has been referred to a Bench of two Judges for the purpose of having it decided whether or not the suit brought by the plaintiffs was maintainable in the Civil Court. The suit was a suit for possession of 4 bighas odd of land and there was coupled with the claim for possession a claim for damages by way of mesne profits.

(2.) This suit was instituted in the year 1916.

(3.) It is admitted that at the time the suit was put into the Civil Court there was pending a partition between the parties which was being carried out under the provisions of chapter VII of the Land Revenue Act. It is also an admitted fact that the question of proprietary title which was set up in the suit, out of which this appeal has arisen, was not set up in the partition court. The question, therefore, is whether in these circumstances the Civil Court was competent to entertain the suit for possession which was based upon the claim of proprietary title.