Judgement

S.C. AGRAWAL, J.:- This appeal by special leave is directed against the judgement of the Allahabad High Court dated April 2, 1080. It raises the question whether the civil court has jurisdiction to decide the issue whether the land in dispute in a suit or proceeding before it is a abadi land or some other land. It involves the interpretation of Section 331-A of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act No. 1 of 1951), hereinafter referred to as the Act.

2. The dispute relates to a plot of land bearing settlement No. 141/176-177 situate within the limits of Municipal Corporation of Varanasi. The said land consists of a residential house, Shiwala (temple), pucca well and open land enclosed by a boundary wall. In the municipal records, it is numbered as 18/106, Mohalla Sarang Talab, Varanasi. Respondents Nos. 1 and 2 filed a suit (No. 157 of 1973) for possession of the said property in the court of Civil Judge, Varanasi against the appellants wherein it was alleged that Aparbal Singh, father of appellant No. 1, and Chandra Deep Singh (deceased), who was appellant No. 2, in the appeal and is now represented by his legal representatives, was in possessi