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1951 Supreme(All) 15

MOOTHAM
MAN PAL – Appellant
Versus
BIRJA AND ANR. – Respondent


Advocates Appeared:
B.L.Gupta, D.Sanyal

MOOTHAM, J.

( 1 ) THIS is a pltf s appln. in revn.

( 2 ) THE pltf. who is an occupancy tenant, filed a suit against the defts. , the opposite parties in this ct. upon the allegation that they had wrongfully entered upon his land, and upon this ground he sued for recovery of possession and for damages. He also alleged -- and it is not disputed--that he had been wrongfully dispossessed by the defts. on two previous occasions and that on each of these occasions he had had to recover possession through the Ct. The present suit was, therefore, the third which he had had to institute against these defts. and accordingly he also asked for a permanent injunction to restrain the defts. from interfering with his possession. This suit he filed in the civil Ct. A preliminary issue was framed as to whether the civil Ct. or the revenue Ct. had jurisdiction and was answered in favour of the latter. and that finding was upheld by the learned dist. J. on appeal.

( 3 ) A preliminary objection was taken in this Ct. that no revn. lies. It is true, and it has repeatedly been laid down, that a Ct. has jurisdiction to decide a ease wrongly as well as rightly, but as was pointed out by the Judicial Commit










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