JUDGMENT

1. This larger Full the Act. His failure on this account is not Bench has been constituted by the Chairman, Board of Revenue, by his order dated February 9, 1982 for deciding the following question referred by learned Member, Mr. Maheshwar Prasad by his order dated January 25, 1982 :-

"Whether revenue courts have jurisdiction to effect demarcation under Section 41 of the U.P. Land Revenue Act between plots which may all fall within Abadi land or where the dispute is about a boundary between Abadi and non-Abadi land."

2. We have heard the learned counsel for the parties and have perused the record.

3. It has been argued that the revenue court has no jurisdiction to effect demarcation of Abadi plots, whether in relation to other Abadi plots or those of a non-Abadi or agricultural nature, and only Civil Court has jurisdiction in such a case. Reliance has been placed on Brij Mohan v. Anant Lal, 1938 R.D. 537 and Mohd. Ahsan v. Tahira Bibi, 1947 R.D. 157.

4. It has been argued in reply that Section 41 read with Section 1 of the Land Revenue Act confers state-wide jurisdiction on the Collector in the matter of summary settlement of boundary dispute and no distinction has been mad