Ashwani Kumar Mishra, J.

1. Plaintiff-respondent filed a suit for mandatory injunction claiming relief of possession on the ground that the possession of the suit property was given to the defendant in the year 1983, pursuant to an agreement to sell but no sale-deed ultimately was executed. Infact, a suit for specific performance was filed but the same was dismissed with the finding that the suit itself was barred by time. A belated appeal is stated to have been filed but the delay in filing of the appeal has not even been condoned. Plaintiff contents that the possession which has been given to the defendant could not be continued any further once the transaction of sale could not materialise and, therefore, the plaintiff was entitled to return of possession. It was stated that defendants were at best a licencee and such licencee stood revoked. Suit was contested by the defendant-appellant on the ground that the proceedings before the civil court was not maintainable as the property sought to be sold was an agricultural land and the suit for eviction could be filed under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act and the civil court has no jurisdiction