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Sheobaran Singh Vs. Nirotam Singh and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in96Ind.Cas.317
AppellantSheobaran Singh
RespondentNirotam Singh and ors.
Cases Referred and Shiam Sunder v. Surta Singh
Excerpt:
u.p. land revenue act (iii of 1901), section 233(k) - partition of abadi land forming part of mahal, suit for--jurisdiction of civil and revenue courts. - .....can partition it. in our opinion this argument has no force. although the land in this khata, which consists of the abadi of the village, is not assessed to revenue, nevertheless it forma part of a mahal and, therefore, the jurisdiction of the civil court is barred by section 233(k) of the land revenue act, 1901.2. the case is governed by the rulings in mahmud jahan began v. govind ram 59 ind. cas. 4 : 43 a. 45 : 18 a.l.j. 783 and shiam sunder v. surta singh : air1926all360 following these rulings we dismiss the appeal with costs including in this court fees on the higher scale.
Judgment:

1. This second appeal arises out of a suit for partition. The land in suit is in khata No. 2 of Mahal Baqimanda in a certain village and both the Courts below dismissed the suit on the finding that the suit was not cognizable by the Civil Court. It is urged that the khata in suit has not been assessed to revenue and, I therefore, the Civil Court can partition it. In our opinion this argument has no force. Although the land in this khata, which consists of the abadi of the village, is not assessed to revenue, nevertheless it forma part of a mahal and, therefore, the jurisdiction of the Civil Court is barred by Section 233(k) of the Land Revenue Act, 1901.

2. The case is governed by the rulings in Mahmud Jahan Began v. Govind Ram 59 Ind. Cas. 4 : 43 A. 45 : 18 A.L.J. 783 and Shiam Sunder v. Surta Singh : AIR1926All360 Following these rulings we dismiss the appeal with costs including in this Court fees on the higher scale.


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