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1976 Supreme(All) 243

SATISH CHANDRA
BHAGWATI DEVI – Appellant
Versus
RADHEY SHYAM AND – Respondent


SATISH CHANDRA, J.

The question was whether the Civil or Revenue Court had jurisdiction to entertain the present suit? The suit was for possession of a Kotha and a Sahen situate on an agricultural plot of land in village Ashodha, district Meerut. The plaintiff claimed that he was Bhumidhar of the plot on which the constructions stood, that he had made the constructions, but was illegally dispossessed there from by the defendants. He prayed for possession over the constructions. The trial court repelled the preliminary objection that the suit was not maintainable in the civil court. The defendants sent up in revision before the District Judge. He held that the land in suit was agricultural; that it had not been demarcated as non-agricultural land under Section 143 of the U. P. Zamindari Abolition and Land Reforms Act and so it will not loose the character of being an agricultural land to which Section 209 of the Act was applicable. The suit was not cognizable by the civil court. He directed the return of the plaint for presentation to the proper court. Aggrieved, the plaintiff has come to this Court in revision. Section 3 (14) of the U. P. Zamindari Abolition and Land Reforms Act def



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