JAGANNATH Vs. BALWANT SINGH ANR

JUDGEMENT

(1.) The facts out of which this appeal arises are shortly as follows:--- Lalji was an occupancy tenant of a holding in the village of Khajuri, of which the plaintiffs- respondents are the Zamindars.

(2.) Lalji died recently, and on his death the defendants appellants applied for mutation of their names in the place of Lalji, as being entitled to succeed to his occupancy holding. While there proceedings were pending, this suit was brought in the Court of the Munsif for a declaration that the defendants were not the grandsons of Lalji. The pleadings will be examined in detail later on. One defence to the unit was that it was not cognizable by the Civil Court.

(3.) The Munsif held Hat he had jurisdiction, as the prayer was for a declaration only, and on the merits, decreed the suit.