Kapur, J. - (1.) This is appeal against a judgment and decree passed by Mr. Mohindar Singh, Senior Subordinate Judge, affirming the decree of the trial Court holding that the Civil Court had no jurisdiction to entertain the present suit.
(2.) The plaintiffs were the occupancy tenants under the defendants who are landlords. On the 13th of December, 1945, the landlords brought a suit in a revenue Court for ejectment of the tenants under Section 39 of the Punjab Tenancy Act a suit which was entertainable exclusively by a revenue Court. The following issues were raised in that case. "1. Whether the land in suit is not land as denned in the Tenancy Act and therefore the suit is not cognizable by this Court? Onus on defendants. 2. Whether the buildings on the land were for purposes subservient to agriculture? Onus on defendants.
(3.) Whether the suit was in time? Onus on plaintiffs.;