1. - This is Civil Miscellaneous Appeal under Order 43, Rule 1(a), Civil Procedure Code against the order of learned Additional District Judge, Baran dated 10-11-1975 in civil suit No. 10/75, by which it was held that the suit is triable by the revenue court and the plaint was ordered to be returned to the plaintiff appellant for presenting the same in proper court.

2. The plaintiff appellant filed a suit for cancellation of sale deed in the court of Additional District Judge, Baran regarding the agricultural land bearing Khasra No. 279, measuring 10 Bighas and IS Biswas, which belonged to him and was in his possession. It was further asserted that the defendant-respondent No. 3 Samiran had no right to sale the disputed land in favour of defendant-respondents Nos. 1 and 2 by executing a sale deed in their favour on 22-4-1974, which was got registered on 24-4-1974. It was prayed that a decree for cancellation of the above mentioned sale deed be passed in favour of the appellant. A preliminary objection was raised by the respondents that suit was with regard to agricultural land, it was triable at the revenue court. After hearing arguments of both sides, learned Additional Di