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2006 Supreme(P&H) 3590

VINOD K.SHARMA
Anguri Devi – Appellant
Versus
Jasmer Singh – Respondent


Advocates Appeared:
Mr.R.K.Gupta, Advocate, for the petitioner.
Mr.Y.K.Sharma, Advocate, for the respondent.

JUDGMENT

Vinod K.Sharma CM No.23220-CII of 2005

For the reasons stated in the application the same is allowed. The order dated 20.5.2005 is recalled. The revision petition is restored to its original number and is taken up for hearing on merit.

CR No.1874 of 1993

2. Present revision petition has been filed against the order dated 14.5.1993 passed by the learned Sub Judge First Class, Rajpura vide which plaint was ordered to be returned to the petitioner for presentation before the Revenue Court by holding that the Civil Court has no jurisdiction to decide the matter in view of the provisions of Section 77 (3) (n) of third Group and thus, the jurisdiction of the Civil Court was barred under Section 14 of the Punjab Tenancy Act (for short the Act).

3. The plaintiff-petitioner had filed a suit for mesne profit regarding the agricultural land measuring 84 Bighas 10 Biswas against the defendant-respondent on the plea he was in unauthorized possession of the land. It was further the case of the plaintiff-petitioner that the defendant-respondent had created a forged Will of Jai Singh deceased, father of the petitioner in respect of the suit land in his favour who was initially in posses

















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