R.N.Mital, J.

1. This regular second appeal has been filed by the defendant against the judgment and decree of the District Judge, Gurgaon dated 21st October, 1982.

2. The plaintiff instituted a suit for declaration and permanent injunction against the Gram Panchayat that he was owner and in possession of the property in dispute. It was pleaded that the land had been illegally mutated in the name of the Gram Panchayat vide mutation No. 429 decided on 27th February, 1980. It is further averred that the plaintiff had been in possession of the property for the last more than 40 years as owner and it was not a part of Shamlat Deh.

3. The suit was contested by the defendant, who controverted the allegations of the plaintiff and inter alia pleaded that the land was Shamlat Deh and that the Civil Court had no jurisdiction to try the suit. Several other pleas were also taken but they are not relevant for the purpose of decision of the appeal.

4. The trial Court framed 10 issues, out of which the only issue which has been challenged by the counsel for for appellant is as follows:-

"4. Whether the Civil Court had no jurisdiction?"

5. That Court held that the Civil Court had no jurisd