Mukerji, J. - (1.) THIS is a First Appeal From Order which was referred to a Bench of two Judges by our brother S.N. Sahai, J.
(2.) THE short question that falls for determination in the appeal was whether the suit that had been filed in the Civil Court could appropriately be field there or whether on the facts and on the circumstances of the case the Civil Court had no jurisdiction and that the suit was triable by a Revenue Court. The facts giving rise to this appeal may now be shortly stated. The Appellant, who was the Plaintiff, filed a suit for an injunction restraining the Defendants from interfering with the Plaintiff's possession. It may here be stated that prior to this suit for injunction the Plaintiff had filed another suit for a declaration -the declaration having been sought under the provisions of Section 63 of the UP Tenancy Act -in the Revenue Court. The suit out of which this appeal has arisen viz, the injunction suit, had been filed on 31st May, 1951, while the declaration suit Under Section 63 of the UP Tenancy Act had been filed earlier viz. on the 6th of April, 1951. The declaration suit had been stayed and it appears that because of that stay the Plaintiff was forced to file the suit for seeking a relief for injunction.
(3.) ACCORDING to the plaint the Plaintiff only asserted his ownership of the plots, which were said to be his occupancy holdings. The plaint also showed that according to the Plaintiff the Defendants had by chicanery got their names wrongly entered in the village papers. The plaint also made a clear averment to the effect that a declaratory suit Under Section 63 of the UP Tenancy Act had been filed and that the said suit was pending disposal.;