A.N.Varma, J. - (1.) This is a plaintiffs application in revision directed against judgment and order passed by the learned District Judge, Jhansi allowing a Revision filed by the defendants-opposite parties and setting aside an order passed by the trial Court and dismissing the suit of the plaintiff-applicant.
(2.) Facts relevant for the disposal of this Revision are as follows: The plaintiff-applicant filed a suit for possession over certain properties which he claimed to have purchased at an auction sale held by the Competent Officer under the Administration of Evacuee Properties Act. The plaintiff claimed that after he purchased the property, he entered into possession over the same. According to the plaint allegation, the property purchased by the plaintiff-applicant consisted of some houses and appurtenant land. The plaint allegations further were that the defendant No. 1 was the brother-in-law of one Durga Prasad, who was the Registrar Qanungo in Tehsil Jhansi at the relevant time and with the collusion and connivance of the said Durga Prasad, the defendant No. 1, Sri Babu Lal managed to obtain a Bhumidhari Sanad in respect of a part of the land in suit and on its basis forced his entry over the land comprised in the said Bhumidhari Sanad; he also got his name entered in the revenue papers. The allegations in the plaint were that the Bhumidhari Sanads were void inasmuch as the land in suit , was not agricultural land and was not covered within the definition of the land or agricultural area as defined under the Urban Area Zamindari Abolition & Land Reforms Act. The claim of the plaintiff-applicant was that defendant No. 1 was a trespasser; and hence the suit. Somewhat similar allegations were made against the other defendants. The defendant-opposite parties filed a written statement and among other pleas raised a plea asserting that the Civil Courts had no jurisdiction to try the suit, and that the suit was triable by a Revenue Court.
(3.) The learned Civil Judge who was seized of the suit struck issues. Issue No. 1 was:- "Whether the Civil Court has jurisdiction to try the suit - By an order dated 9-4-73, the trial court came to the conclusion that the suit was triable by the Civil Court, and not by the Revenue Court. The issue was accordingly disposed of in favour of the plaintiff.;