Takru, J. - (1.) THIS is a Defendant's application in revision under Section 115 of the Code of Civil Procedure and is directed against an order of the learned Civil Judge of Banaras by which he set aside in appeal the judgment and decree passed by the learned Munsif Haveli, and remanded the case for a fresh trial. The learned Munsif was further directed to remit the issue of grove -holder's right involved in the suit to the revenue court.
(2.) THE facts leading up to the order under revision are as follows: The Plaintiff brought a suit for the recovery of Rs. 270/ - as compensation for the loss caused to him by the Defendants' wrongfully cutting and removing a tree standing on plot No. 112/19, belonging to him, situate in village Birdholpur, in the district of Banaras. His case was that the said plot was his grove land, and the Defendants, besides committing the act complained of above were threatening to repeat their acts in future. He, therefore, prayed for damages and for a permanent injunction restraining the Defendants from interfering with the Plaintiff's rights over the said plot. The Defendants pleaded in the written statement that the said plot was not grove land but was banjar, and that the tree in question belonged to them. They also pleaded that suit was barred in view of Section 242, read with Section 206 of the UP Tenancy Act. The trial court rejected the plea of jurisdiction but dismissed the suit inter alia on the ground that the Plaintiff was neither the grove holder of the plot in suit, nor was he the owner of the tree in question. On appeal the learned Civil Judge held that the question whether the plot in suit was a tenancy grove of the Plaintiff or not should have been decided by the revenue court. He, therefore, allowed the appeal and remanded the case with the necessary directions as stated above.
(3.) WHEN this revision application came up for hearing before our brother Tendon, J., he considered it necessary, in view of the conflicting authorities, to refer it to a Division Bench and it is thus that this revision application has come up before us for disposal.;