- (1.) This second appeal is directed against the judgment and decree dated June 9, 1971 passed by the Senior Subordinate Judge, with enhanced appellate powers, Ludhiana, whereby he affirmed the judgment and decree dated April 5, 1971 of the trial Court though on different grounds.
(2.) The admitted facts of this case are that Chanan Singh, defendant-respondent, filed an application under Section 145, Criminal Procedure Code, before the Executive Magistrate apprehending breach of peace and also forcible possession of the shop/tebela, in dispute at the hands of Kidar Nath, plaintiff-appellant. The Executive Magistrate referred the matter to Civil Court which adjudicated that the respondent should be deemed to be in possession of the property in dispute. The plaintiff-appellant then filed the suit in the Court of Sub-Judge, Ludhiana, against Chanan Singh, defendant-respondent, for perpetual injunction restraining the defendant-respondent from taking possession of the property in dispute from the appellant and from enforcing the order of the Criminal Court.
(3.) On the pleadings of the parties, the trial Court framed as many as 9 issues, but in this appeal we are only concerned with issue No. 2, which is reproduced as under :- "Whether the Civil Court has jurisdiction to try the suit ?" The trial Court found this issue in favour of the appellant and held that the Civil Court has jurisdiction to try the suit, but the lower appellate Court reversed this finding and held that the suit was not maintainable as the Criminal Court has not yet passed an order under Sub-section (1-B) of Section 146 of the Code of Criminal Procedure Code, 1898.;