K. P. Singh, J.

1. This is a plaintiff's First appeal from order against the judgment of the trial court dated 21-4-90 whereby the plaintiffs suit has been returned for presentation before a competent court.

2. One of the ticklish questions relating to jurisdiction of Civil Court or Revenue Court is under our consideration in the present case.

There are three plots numbered as 147 measuring 16 decimals 292 measuring 5 decimals and 293 measuring 6 decimals, situate in village Bhawanpur alias Khudahna, Pargana Kol Asla, district Varanasi According to the plaint allegations there are constructions over the aforesaid plots and the plaintiffs wants partition of the constructions as well as the disputed land. In short, the allegations of the plaintiffs in the plaint are that the constructions were made with joint family fund. Therefore, the plaintiffs have half share in them and they have prayed for partition keeping in view the convenience and easmentary rights (See Annexure RA 1 copy of the plaint attached with the rejoinder affidavit).

3. The claim of the plaintiffs has been contested by the defendants as, is evident from Annexure RA. 2 The main claim of the defendants appears