CHET RAM Vs. SITA RAM

JUDGEMENT

(1.) This is a plaintiff's appeal under the Letters Patent from a decree of a learned Judge of this Court setting aside the decree of the lower appellate court and dismissing the suit in toto.

(2.) The plaintiff's allegations were that the plots in suit were the tenancies of one Ghisa deceased. The plaintiff alleged himself to be an heir of Ghisa and as having been in joint cultivation with him over these plots. It was stated that on the 4 of February, 1919, the lambardar had recognized the plaintiff as the tenant of these plots and had indeed attested this fact before the kanungo; that the plaintiff was in possession of these fields by cultivation in the year 1326 Fash, that in kharif 1327 Fasli he actually sowed some crops, but that in March, 1920, the defendants wrongfully dispossessed the plaintiff by cutting the standing crops. It is necessary to enumerate the reliefs which were claimed by the plaintiff in his plaint. They are as follows: (1) Rs. 100 as the value of the crops illegally cut by the defendants. (2) Ejectment of the defendants and a decree for possession in favour of the plaintiff. (3) A perpetual injunction restraining the defendants from ever interfering in future with the plaintiff's possession of the plots in dispute.

(3.) The defendant, Sita Ram, pleaded that he was holding the plots under a registered kabuliat, dated the 13 of February, 1919, and that the plaintiff had no right to maintain the suit against him. It was also pleaded that the civil court had no jurisdiction to entertain this claim, which was exclusively cognizable by the revenue court.