JUDGMENT

J.K. Tandon, J. - This second appeal arises out of a suit for possession of certain agricultural plots commenced by the Appellant in the court of Munsif, Partapgarh. The Plaintiff-Appellant claimed that he was sirdar of the plots and as such was entitled to be put into possession of the plots. The Defendant in his turn said, inter alia, that he was an adhivasi of the plots and later by virtue of the notification under the UP Land Reforms (Amendment) Act, 1954 became their sirdar. The Munsif referred the issue relating to adhivasi rights to the revenue court which returned a finding in favour of the Respondent. The Munsif while holding that the Plaintiff-Appellant was sirdar dismissed the suit in view of the finding that the Defendant was an adhivasi and had become a sirdar later as claimed by him, The lower appellate court too has come to the same conclusion. Hence this appal.

2. The only question that has been urged before me is that the Munsif should himself have decided the plea of adhivasi rights raised by the Defendant it was not open to him to refer the issue for a finding to the revenue court. And for this reliance has been placed on Section 332B of the ZA and LR Act.