S.D.KHARE,J. - (1.) JUDGEMENT These two appeals and the civil revision have been referred to this Bench because a common question of law is involved in them. The extent of the exclusive jurisdiction of revenue courts in certain matters, which are otherwise civil in nature, has been determined in several cases decided by this Court and it was noticed in Second Appeal No. 710 of 1967 that there is an apparent conflict in two Division Bench decisions of this Court, both pronounced in the year 1965.
(2.) NO question was formulated for the opinion of the Full Bench in any of the two second appeals or the connected civil revision, and all of them have got to be finally disposed of by this Bench. Each of these appeals and the civil revision shall, therefore, be considered separately after the common question of jurisdiction has been discussed. The suit which gave rise to Second Appeal No. 282 of 1967 was for the cancellation of three sale deeds executed by defendant no. 7, one member of the family only (who, if separated, could have a half share in the joint family property) for self and as a guardian of the plaintiff. The property sold was bhumidhari land. The alternative prayer was that if the transferor was held to be competent to transfer his interest in the property the sale deed be cancelled to the extent of the other half share in the property belonging to the plaintiff. The relief of joint possession was also sought.
(3.) SO far as Second Appeal No. 710 of 1967 is concerned, the suit as originally filed was for permanent injunction against other co-sharers of the bhumidhari plot restraining them from making constructions over the land of the holding. Later a prayer for demolition of the constructions made by the defendants and for joint possession was added by way of amendment on the allegations that the constructions had been made during the pendency of the suit.;