Allahabad Court April 1929 Judgments

Brahmdeo and ors. Vs. Dubri Rai and ors.

Court: Allahabad

Reported in: AIR1929All548; 118Ind.Cas.379

Dalal, J.1. The plaintiffs sued in the civil Court for the ejectment of the defendants on the ground that the plaintiffs were cosharers and sir-holders and entitled to possession of the land and the defendants had wrongfully ejected the plaintiffs sub-tenants and taken illegal possession. There was a sub-tenant Mt. Babuna. The defendant sued for her ejectment in the revenue Court. Her defence was that as she was the sub-tenant of the plaintiffs and paid rent to them the plaintiffs were brought on the record as defendants. The revenue Court, however, held that Mt. Babuna was the sub-tenant of the defendants and granted' to the defendants a decree for the ejectment of Mt. Babuna. In pursuance of that decree the defendants were in possession at the date of the institution of the present civil suit. It is argued here that the present civil suit is in effect an attempt to reverse the decision of the revenue Court in a matter within its exclusive jurisdiction. The Full Bench ruling of Balwan...