SHEIKH CHAMRU Vs. BHAGGAN

JUDGEMENT

(1.) This is a reference by the learned Munsiff of Allahabad asking for the opinion of this Court as to whether he or the revenue Court should try the suit.

(2.) It appears, on the facts found both by the revenue Court and the civil Court, that, initially, there was an occupancy holding belonging to the parties to the present reference and consisting of four plots of land. Two of these plots, 1275 and 1276, are still under cultivation. Two other plots, which are much smaller in area, are no longer under cultivation, and on a portion of one of these plots, namely, 966, the opposite party, Sheikh Bhaggan, has built a small house. The plaintiff (Sheikh) Chamru) wanted that plots Nos. 996 and 967 (now not cultivated) should be partitioned. Evidently he thinks that any vacant land that he may get he would be able to bring under cultivation. The suit was orginally intsituted in the revenue Court. Sheikh Bhaggan took the plea inter alia that the suit was not cognizable by the revenue Court. His ground was that plots 966 and 967 were no longer under cultivation. This plea found favour with the learned Assistant Collector, and he dismissed the suit.

(3.) The plaintiff, Chamru, had to file a second suit in the civil Court. Then Bhaggan raised the plea that the civil Court had no jurisdiction to hear the case. The learned Munsiff has accordingly made the present reference.