MRS V E ARGLES Vs. CHHAIL BEHARI SRIVASTAVA

JUDGEMENT

(1.) The plaintiff claimed that he was a thekadar of the property in suit under a thekanama dated 18 August 1943, executed by the appellants in his favour. The theka was for a period of seven years The plaintiff alleged that the appellants were interfering with his possession and he therefore asked for an injunction to restrain the appellants from interfering with his possession during the continuance of the theka. The case was tiled in the Court of the Revenue Officer. Tehsil Pharenda Section 217, U.P. Tenancy Act, was the section under which the case was filed. The case came up before the Revenue Officer on 10 March 1948, and decreed the same.

(2.) Various points had been raised by the defendants and the learned Revenue Officer had framed ten issues. The defendants had denied the validity of the lease, had alleged that the plaintiff had given up possession in March 1946, and that the suit was barred by estoppel, etc. Against the order dated 10 March 1948, granting an injunction to the plaintiff against the defendants this appeal was filed by some of the defendants.

(3.) A preliminary objection has been raised on behalf of the plaintiff-respondents that the appeal does not lie in this Court and. the appeal should, therefore, be dismissed.