BASDEO SINGH Vs. BHARAT SINGH

JUDGEMENT

(1.) The sole controversy in this second appeal relates to jurisdiction.

(2.) The suit was for possession of certain tenancy lands on the basis of a patta from the landlord and for recovery of damages. The defendant Kunj Behari who has since died and is now represented by Basdeo Singh appellant set up a rival claim to tenancy. The learned Munsif, Partabgarh, who investigated the case passed a decree in favour of Bharat Singh plaintiff, and the decree was confirmed by the learned Civil Judge, Partabgarh, in appeal. It is not denied on behalf of the defendant, and indeed it could not be disputed in view of the decision in the case of Ori Lal V/s. Ganeshi A.I.R. (34) 1947 Oudh 104 F.B., that the suit was rightly instituted in civil Court. It is contended, however, that in view of the recent alteration of Section 180, Tenancy Act by Section 18, U.P. Tenancy (Amendment) Act of 1947 (U.P. Act

(10.) of 1947) the learned Munsif must now be deemed to have decided; the case without jurisdiction. It is urged that the suit was of the nature contemplated by the present Section 180, and that the only order, which this Court can pass in appeal, is to direct that the plaint be returned to Bharat Singh respondent for presentation to revenue Court.