( 1 ) PETITIONERS-PLAINTIFFS filed Suit No. 392 of 1982 before the Court of Munsif, Deoria with the following reliefs :. . (VERNACULAR MATTER OMMITED ). .

( 2 ) AN objection was filed by the defendants before the trial court that the suit is not cognizable before the civil court, therefore, the same should be rejected and the petitioners-plaintiffs be relegated to the revenue court. The trial court decided the said suit in favour of the plaintiffs that the suit is cognizable by the civil court.

( 3 ) BEING aggrieved by the aforesaid order, the defendants preferred a revision before the revisional court and the revisional court arrived at and recorded findings that the suit is not cognizable by the civil court, therefore, the suit may be dismissed and the petitioners-plaintiffs may be directed to go to the revenue court.

( 4 ) HEARD learned counsel for the parties. Shri Jokhan Prasad, learned counsel for the petitioners has argued that in view of the law, which will depend on the allegations in plaint and also the relief clause and in view of the recent Supreme Court decision in Sri Ram and Anr. v. Ist additional District Judge and Ors. , 2000 (1) AWC 862 (SC) : JT