NAROTTAM DAS Vs. JAGANNATH

JUDGEMENT

(1.) This is an application in-revision directed against an order of the learned Additional Civil Judge of Moradabad by which he remanded the case to the Court of the learned Additional Munsif for trial according to law.

(2.) One Lala Jagannath brought a suit against two persons, Lala Narotam Dass and Lala Banshidhar, for recovery of a sum of Rs. 1070-6-. Banshidhar is a co- sharer in a village of, hich Narotam is the Lamberdar. Jagannath obtained a decree against Banshidhar and in execution thereof he purchased the profits due to Banshidhar from Narotam Das, as the Lamberdar of the Mohal for a period of three years. He then brought the suit which has given rise to the present proceedings, in the Court of the Additional Munsif of Amroha, for the recovery of the profits for the period in question.

(3.) The suit was resisted on a variety of grounds, but principally on the ground that the civil Court had no jurisdiction, as it was a suit by an assignee of a cosharer for profits and fell within the purview of Section 230, U. P. Tenancy Act (No. 17 [XVII]. of 1939).