B.D. Agrawal, J. - (1.) This is plaintiff's appeal. In brief the case set up by the plaintiffs as appearing from the plaint filed on November 13, 1975 is as follows:- The plaintiffs are the bhumidhars of plot no 72 referred to by letters ABCDEF in the sketch map appended to the plaint. The parties had a house over the land. There was a partition among the brothers. The plaintiffs raised a use shown by letters cha cha ja jha in the said sketch-map. In part of the land there is found-pi laid but no construction could be made. Towards south east the plaintiffs also acquired me land by purchased and that too has been Alluded in the house raised. There are certain tress as well standing on the land. In or about November, 1975, the defendants forcibly usurped the possession over the room described by letters Ta Tha Ja Ya and closed the door Staining to a kothari. The defendant, it is further alleged, also raised a Madai over the part of the land. The relief claimed upon these allegations is permanent injunction both mandatory and prohibitory besides demolition of the construction claimed to have been raised by the defendant without authority and the restoration 'possession.
(2.) In defence to the suit an objection was raised, inter alia, from the side of the defendant to the effect that the civil court did not have jurisdiction to try the suit. This objection was over-ruled by the trial court which gave its finding in favour of the plaintiff on the point in its judgment dated December 23, 1977. In appeal by the defendant again the objection was raised which has this time been acceded by the judgment dated October 16, 1978. The plaint has been directed to be returned to the plaintiffs for presentation to the proper court.
(3.) Aggrieved the plaintiffs have approached this Court.;