Decided on January 29,1965

RAM ASREY Respondents


- (1.)This is a revision Under Section 115 Code of Code of Civil Procedure by Rameshwar, Defendant, against the order dated 15.4.1963 of the Addl. Munsif, Gorakhpur, holding that the present suit for injunction was cognizable by the civil court.
(2.)Ram Asrey son of Tapesar, Plaintiff opposite party, had instituted the present suit for a perpetual injunction to restrain the Defendant, Rameshwar, from interfering with his possession over plot No. 263/1, area 0.63 acres, of village Kharkharaiva. In the alternative, it was prayed that if the Plaintiff be found not to be in possession of the land, possession be given to him after dispossession of the Defendant. The alternative relief was, however, got deleted at a subsequent stage and the plaint as it at present stands, is for a perpetual injunction to restrain the Defendant from interfering with the possession of the Plaintiff over the agricultural plot in dispute.
(3.)The suit was instituted on 11.4. 1962 after the amendment of S. 331 of the UPZA and LR Act under UP Act No. XXVIII ;of 1961. As a result of this amendment the civil court cannot take cognizance of a suit, application or proceeding based on a cause of action in respect of which any relief can be obtained by means of any suit or application detailed in column 3 of Schedule IT. It is further made clear in the Explanation to Sub-section (l) of Section 331 that 'if the cause of action is one in respect of which relief may be granted by the revenue court, it is immaterial that the relief asked for from the civil court may not be identical to that which the reveune court would have granted "

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