SAHDEO Vs. BUDHAI

JUDGEMENT

(1.) This is a reference under Section 267, Agra Tenancy Act, made by the Additional Munsif of Allahabad as he was in doubt as to his having jurisdiction to entertain this suit. His reference is in accordance with a ruling of this Court, Ram Pratab Singh V/s. Chhotey Lal Singh . The reference came up first before another Bench which felt doubtful as to the correctness of that ruling. The matter has accordingly been referred to a larger Bench.

(2.) The plaintiff first instituted a suit for declaration of his right to a tenancy in the revenue Court but his plaint was returned for presentation to proper Court on the ground that the revenue Court had no jurisdiction to entertain the suit. He has now filed the suit in the civil Court and an objection has this time been raised by the defendants that the civil Court had no jurisdiction to hear the case. It is not necessary to set forth all the allegations in the plaint, but it would be sufficient to state that the plaintiff claimed that his father Daulat was a tenant jointly with defendants 1, 2 and 3, and that on the death of his father the plaintiff has succeeded to the joint tenancy. He claimed (a) a declaration to the effect that the plaintiff jointly with defendants 1 to 3 is a tenant of the holding specified in the plaint and that defendant 4 has no right or share in it, (b) and if for any reason the plaintiff is proved to have been dispossessed, he may be awarded possession over the same jointly with defendants 1 to 3. The dispute is undoubtedly with regard to the tenancy and the claim of the plaintiff is contested by the defendants.

(3.) No doubt under the old Tenancy Act it used to be held by this High Court that a dispute between rival claimants to a tenancy is cognizable by the civil Court, particularly when the landholder is not a party to the proceeding. The Board of Revenue had expressed a contrary opinion.