LAWS(P&H)-1989-5-140

SURINDER PAL SINGH Vs. PAWAN VIR KAUR

Decided On May 29, 1989
SURINDER PAL SINGH Appellant
V/S
PAWAN VIR KAUR Respondents

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') is against order of Subordinate Judge, Ist Class, Phillaur, dated 7.9.1988, declining to treat issue relating to jurisdiction in the facts of the present case, as a preliminary issue.

(2.) Pawan Vir Kaur, respondent, instituted a suit for possession of several parcels of land, for the recovery of money and some other items of moveable and immoveable property in the Court of Subordinate Judge, Ist Class, Phillaur, District Jullundur. One of the objections taken by the contesting defendants was that the Civil Court at Phillaur had no jurisdiction. A prayer was made by the defendants to treat the issue regarding jurisdiction as a preliminary issue. By the impugned order, the learned Subordinate Judge held that the issue regarding jurisdiction arising in this case was mixed question of law and fact and therefore in terms of Order XIV, Rule 2 of the Code, it could not be tried as a preliminary issue. Aggrieved by the order, the defendants have preferred this petition.

(3.) The suit inter alia relates to nine parcels of land. Eight parcels are situate in Districts Unao and Kanpur in Uttar Pradesh. One parcel of land is situate at village Garha, District Jullundur (Punjab). The last mentioned parcel of land is by measurement 5 kanals 4 marlas, and the plaintiff seeks possession of 1/4th share therein. The plea of the defendants is that the land at village Garha had been given on sanjhidari by the ancestors and predecessors-in-interest of the deceased and the Mahant of the Dehra had since been dealing with that land as an owner. Their stand was that the aforesaid piece of land had been brought into the picture only to vest the Court at Phillaur with territorial jurisdiction under Section 17 of the Code.