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1969 Supreme(All) 245

JAGMOHAN LAL
Om Prakash Nareng – Appellant
Versus
Kavi Raj Ayodhaya Prasad – Respondent


Advocates appeared:
Yogendra Shankar Srivastava, Advocate, for the Applicant; K. L. Saxena, Advocate, for the Opposite Party

JUDGMENT

Jagmohan Lal, J. - In both these civil revisions, the only point involved is whether the Munsif Hawaii, Lucknow, to whom the suits had been transferred by the District judge had jurisdiction to try those suits or not. The relevant facts were that the plaintiff-opposite party filed these two suits for ejectment and arrears of rent originally in the court of Munsif. Hawaii alleging that the property in suit was situate in Alamnagar which was within the jurisdiction of Munsif Hawaii. On behalf of the defendant, an objection about the jurisdiction was raised on the ground that Alamnagar had since been included within ,the municipal limits of Lucknow and as such the territorial jurisdiction of Munsif Hawaii did not extend to that locality. In view of this objection of the defendant, the plaintiff prayed that the plaints may be returned to him which were returned accordingly.

2. After that, the plaintiff filed both these suits in the court of the District Judge, Lucknow, as he was not sure whether this locality which had since come under municipal limits was within the territorial jurisdiction of Munsif South or Munsif North, Lucknow. The District Judge entertained both these sui

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