ARUN TANDON, J. - (1.) HEARD Sri Rishikesh Tripathi on behalf of the petitioner and Jamal Ahmad on behalf of respondent Nos. 1 to 4.
(2.) PETITIONER Sobha Singh filed Original Suit No. 529 of 1993 for mandatory injunction for dispossession of the defendants from the house and Maveshikhana situate at Plot Nos. 323, 324, 325, 326 and 343 village and post Makari, Tehsil Atarra, District Banda. In the said suit issue No. 10 was framed to the effect whether the disputed property is an agriculture land. For the purpose of decision of the aforesaid issue, the trial Court referred the matter under Section 33(i)(a) of the U.P. Zamindari Abolition and Land Reforms Act to the Assistant Collector Atarra, Banda. The Assistant Collector, Atarra by means of his order dated 10 -6 -2002, after hearing the parties answered the reference holding therein that the land covered by Plot Nos. 323, 324, 325, 326 and 343 is an agricultural land. In view of the aforesaid order of the Assistant Collector, the trial Court decided issue No. 10 and held that the land covered by the Plot Nos. 323, 324, 325, 326 and 343 is an agriculture holding.
(3.) THEREAFTER the trial Court decided the issue No. 9, which was to the following effect: Whether the suit is triable by the Civil Court.;