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1957 Supreme(All) 186

DESAI, TAKRU
JAG-NARAIN MALLAH – Appellant
Versus
BHAGAUTI PRASAD PANDEY – Respondent


Advocates Appeared:
J.N.CHATTERJI, V.K.S.Chaudhary

DESAI, J.

( 1 ) THESE two revision applications raise the same question whether a suit can be instituted in a civil Court under Section 9 of the Specific Relief Act even though a suit could be instituted in a revenue Court under Section 180 or Section 183 of the U. P. Tenancy Act.

( 2 ) THE two suits which give rise to the applications were instituted in civil Courts under Section 9, Specific Relief Act and were both decreed in spite of the objections of the defendants-applicants that the jurisdiction of the civil Courts to hear them was barred by the provisions of Section 242 of the U. P. Tenancy Act. Both the suits purported to be suits purely and simply under Section 9, Specific Relief Act; the only allegations contained in the plaints were that the plaintiffs were in possession of the land in dispute previously and that they were dispossessed by the defendants within the six months immediately preceding the institution of the suits. In the suit giving rise to the application, No. 1543 of 1951, it turned out from the evidence produced in the Court that in the course of record operations the name of the defendant-applicant was entered in the khasra of 1355 Fasli in compliance wit
























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