Hon’ble Siddhartha Sah, J. (oral)

The present First Appeal has been preferred by the appellant/plaintiff against the judgment and decree dated 21.08.2018 passed by the Civil Judge (Senior Division), Pauri Garhwal in Original Suit No. 06/2016 (Chandra Mohan Singh Panwar Vs. Kedar Singh Danu), whereby, while deciding preliminary issue no. 4 the trial court has held that the court lacks jurisdiction to hear the suit.

2. In brief, the suit for perpetual injunction and possession was instituted before the Court of Civil Judge (Senior Division), Pauri Garhwal by the plaintiff with the pleadings that he is the bhumidhar of Khet Nos. 677 and 678, Khata No. 82, measuring 300 square meters, situated at Village Ganganali, Patti Katalsyu, Tehsil Srinagar. It was pleaded that the plaintiff had purchased the said land vide registered sale deed dated 15th July, 2004 from one Durga Prasad, which was duly registered in the office of Sub-Registrar, Srinagar on the same date. It was further pleaded that the defendant had purchased an area of 400 square metres within Khet Nos. 677 and 678 of Khata No. 82 vide a registered sale deed dated 15th July, 2004 from the same vendor, namely Durga Prasad, which w