( 1 ) THIS is a plaintiffs first appeal from an order of the learned Civil Judge of Gorakhpur.

( 2 ) THE plaintiff had filed a suit on the 19-12-1946, in the court of a Munsif for a declaration that he was entitled to exclusive possession of certain plots of land or alternatively for possession of those plots, it is unnecessary to state the circumstances which led up to the filing of this suit, for, it is not in dispute that at the time the suit was filed, it was property filed in the court of the munsif, it is also common ground that had the suit been filed after 14-6-1947 the date upon which the U. P. Tenancy Amendment Act (Act 10 of 1947) came into force the suit would have had to be filed in a revenue court. The suit, as I have said, was filed in December 1946. It was decided by the learned Munsif on 5-2-1948. The plaintiff appealed from the decision of the Munsif to the court of the District judge and cross-objections were filed by the defendants who are the present opposite parties. The learned District Judge transferred the case to the Court of the Civil Judge, The learned Civil judge, being of opinion that the effect of the amending Act was to divest the civil c