( 1 ) THIS is a reference by the first Civil Judge, Second Class, Indore, under Order 46, Rule 1, Civil Procedure Code for deciding the question whether if a Bhumiswami is dispossessed of any land held by him as Bhumiswami otherwise than in due course of law, he can file a suit under Section 9 of the Specific Relief Act, 1877, (hereinafter referred to as the Act), for recovering possession of the land.

( 2 ) THE reference arises out of a suit filed by one Nathu under Section 9 of the Act against Dilbande Hussain and three other persons for possession of certain land on the allegations that he was in possession of the land in suit as Bhumiswami and that the defendant had dispossessed him without any right otherwise than in due course of law. The defendants, while admitting that the plaintiff is recorded as a bhumiswami of the disputed land, raised the objection that under Section 250 of the Madhya Pradesh Land Revenue Code, 1959, (hereinafter referred to as the code), read with Section 267 (x) thereof, the civil court had no jurisdiction to entertain the plaintiff's suit for restoration of possession of the land. The learned trial Judge found himself unable to decide the question be

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