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Mahant Ram Saran Das Vs. Hari Kishen Koeri - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad
Decided On
Judge
Reported inAIR1920All188; 58Ind.Cas.511
AppellantMahant Ram Saran Das
RespondentHari Kishen Koeri
Excerpt:
agra tenancy act (ii of 1901), section 79 - jurisdiction of civil and revenue courts--suit by tenant for damages for crops wrongfully cut by landlord, whether cognisable by civil court. - - the suit was clearly cognizable by the civil court......is the landlord, granted him a lease of certain land; that he was in possession under the lease; that he had grown crops on the land, and that the defendant wrong-fully out down and misappropriated the crops. he claimed the value of the crops as damages. the suit was clearly cognizable by the civil court. the plaintiff did not allege wrongful dispossession and the suit was not a suit for compensation for wrongful dispossession. the plaintiff is in possession and all that he claims is the value of the crops which the defendant forcibly ant down. the suit, not being one for compensation for wrongful dispossession, could not be brought in the revenue court under section 79 of the tenancy act. i dismiss the application with costs.
Judgment:

P.C. Banerji, J.

1. This application for revision is untenable.

2. The plaintiff alleged that the defendant, who is the landlord, granted him a lease of certain land; that he was in possession under the lease; that he had grown crops on the land, and that the defendant wrong-fully out down and misappropriated the crops. He claimed the value of the crops as damages. The suit was clearly cognizable by the Civil Court. The plaintiff did not allege wrongful dispossession and the suit was not a suit for compensation for wrongful dispossession. The plaintiff is in possession and all that he claims is the value of the crops which the defendant forcibly ant down. The suit, not being one for compensation for wrongful dispossession, could not be brought in the Revenue Court under Section 79 of the Tenancy Act. I dismiss the application with costs.


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