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1957 Supreme(All) 260

RAGHUBAR DAYAL, A.P.SRIVASTAVA, G.MEHROTRA
YAR MUHAMMAD – Appellant
Versus
LAKSHMI DAS – Respondent


Advocates Appeared:
B.S.DARBAR, V.K.S.Chaudhary

A. P. SRIVASTAVA, J.

( 1 ) THIS Full Bench has been constituted to consider the question

"whether the jurisdiction of the Civil Court is barred by virtue of Section 242 of the U. P. Tenancy Act in respect of suit filed under Section 9 of the Specific Relief Act for obtaining) possession over agricultural land from which the plaintiff alleged his illegal dispossession within six months of the date of the-suit"

. The reference has been made by Mukherji, J. as he felt that there was a conflict between two division Bench decisions of this Court, the one being in the case of Ganga Din v. Gokul Prasad, 1951 All LJ 290: (AIR 1950 All 407) (A) and the other being an unreported decision in Jag narain v. Bhagwati Prasad, Civil Revn. No. 1548 of 1951 (since reported in 1957 All LJ 783: (AIR 1958 All 48} (B) and that it was desirable that the conflict be resolved.

( 2 ) THE learned counsel wanted to argue a point in connection with Section 40 (2) of the Land revenue Act also but we did not allow him to do so because only the question mentioned above has been referred to us.

( 3 ) THE plaintiff filed the suit on 30-11-1948 for possession under Section 9 of the Specific Relief act alleging that th



















































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