RAM PARTAB SINGH Vs. CHHOTEY LAL SINGH

JUDGEMENT

(1.) This is a reference by the Munsif (East) of Allahabad under Section 267, Agra Tenancy Act 3, 1926. It arises under the following circumstances:

(2.) Ram Pratap Singh, plaintiff, brought a suit in the revenue Court for a declaration that he has got a one-fourth Share in the plot in dispute, i.e., to the extent of 1 bigha 1 biswa, and that he along with the defendant is the principal tenant of the said plot, and for recovery of joint possession of the said plot. His case was that the plot formed part of an ancestral holding of the parties, and that by a private partition an area of 1 bigha 1 biswa in the plot in dispute was allotted to him, and that recently the defendant by ejecting the sub- tenant through the revenue Court had obtained possession over the entire plot and was denying the plaintiff's title to the share that was allotted to him by the partition between the ancestors of the parties.

(3.) The allegations of the plaintiff were denied by the defendant and he asserted that the suit was not cognizable by the revenue Court.