Harnam Singh, J. - (1.) This order disposes of F. A.O. Nos. 89 and 90 of 1950. Briefly summarised, the facts giving rise to these appeals are these. On the 6th of February, 1950, 'Thakur' Dalip Singh instituted Civil Suit No. 39 of 1950 for the recovery of rupees 13,195/- from the Court of Wards, Dadasiba Estate, Kangra district. In the plaint it was said that in November, 1946, a notice was published on behalf of the defendant in the 'Tribune' of Lahore for the submission of tenders to the defendant by the 6th of December, 1946, with respect to the lease of five squares of land situate at Chak No. 2/1-AL, Tahsil Okara, district Montgomery, for the year 1947-48. In pursuance of that notice the plaintiff submitted tender offering rupees 11,125/-on account of the lease money of the land for the year 1947-48. That offer having been accepted the plaintiff paid to the defendant rupees 2,900/- on -the 6th of December, 1946, rupees 4,112/8/- on the 11th of December, 1946, and rupees 4,112/8/- in the month of February, 1947. In para. 4 of the plaint it is stated that on account of disturbances in the West Punjab, it became impossible for the Hindus and Sikhs to do their business in Pakistan and in the month of August 1947 the plaintiff migrated to India from Chak No. 2/1-AL, to save his life. In para. No. 5(a) it is pleaded that the plaintiff was not given possession of the land for 'Kharif 1947 and 'Rabi' 1948. On these facts, the plaintiff claims rupees 11,125/- together with interest at the rate of annas -/8/- per cent per mensem from the date of payment till the realization.
(2.) On the 6th of February 1950, 'Thakur' Dalip Singh instituted Civil Suit No. 40 of 1950 for the recovery of rupees 13,220/- from the Court of Wards, Kutlhar Estate, Kangra district. In that suit it was said that the plaintiff submitted his tender offering to the defendant rupees 11,125/- on account of lease money for five squares of land situate at Chak No. 2/1-AL, Tahsil Okara, district Montgomery, for the year 1947-48. The tender of the plaintiff having been accepted, the sum of rupees 11,125/-was paid to the defendant as stated in para. No. 3 of the plaint. In para. No. 4 of the plaint it is said that owing to disturbances in West Punjab it became impossible for Hindus and Sikhs to do their business in Pakistan and that being so, the plaintiff migrated to India from Chak No. 2/1-AL in August 1947. In para. No. 5(a) the plaintiff pleaded that he was not given possession of the land for 'kharif' 1947 and 'Rabi' 1948. On these facts the plaintiff claims rupees 11,125/- on account of the lease money together with interest at the rate of annas-/8/-per cent per mensem.
(3.) Defendants resisted the suit pleading 'inter alia' that the suits were cognizable by a Revenue Court and not by a Civil Court and that in any case the land being situate in Montgomery district the suits were not cognizable by the Courts in Kangra district.;