Mukerji, J. - (1.) This second appeal was referred to a Bench for decision by our brother Srivastava, J., because in his view a decision given by Bishambhar Dayal, J. in Ram Lochan Singh v. Lakshmi Shankar, Civil Revn. No. 1492 of 1956 on 6-1-1958 which was followed by Dhavan, J. in Raghuraj Narain v. Judicial Officer, Gaziabad, 1959 All LJ 681 needed reconsideration.
(2.) The suit out of which this second appeal arose had been filed on the 18th August, 1953, in the Court of the Munsif Sultanpur. The suit was for a permanent injunction to restrain the defendants from interfering with the plaintiff's possession over seven plots of land in village Maksudan Pura in the district of Sultanpur. The plaintiff claimed certain rights in respect of the lands under the U. P. Zamindiari Abolition and Land Reforms Act. The defendants, on the other hand, claimed certain rights in respect of the lands in dispute.
(3.) On the pleadings of the parties the trial court, namely the Court of the Munsif struck no less than five issues, but out of those we are con-cerned in the first instance with the first and the second issues which were, respectively, in the following words: 1.Is the plaintiff the sirdar of the plots in suit? 2. Did the plaintiff acquire Adhivasi rights as alleged? The Munsif referred the second issue, namely the issue in respect of Adhivasi rights for decision to the revenue court on the 31st October, 1955, and the revenue court gave its finding on that issue on the 9th April, 1956. On 10-7-1956, the first issue namely the issue in regard to the sirdari rights was also referred by the learned Munsif to the revenue court for decision. This issue was decided by the revenue court on the 22nd September, 1956. The learned Munsif accepted the decision of the revenue court on both the aforementioned issues and decided the case on the 27th November 1956.;