Law:

Section:

Civil Procedure Code (V of 1908)---S. 9-Civil Courts, jurisdiction of-Plaintiffs (petitioners) claiming adverse possession of land in dispute--Civil Courts, held, possessed jurisdiction to decide whether their claim correct in law or not and its consequences-Contention that suit for possession having been filed against tenant of agricultural land, jurisdiction to entertain such suit vested exclusively in revenue Courts, held, not tenable in circum­stances.-[Jurisdiction] Baru and others v. Niadar and others A I R 1942 Lah. 217 held not relevant. ORDER MUSHTAQ HUSSAIN, J.-The learned Civil Judge, Kahuta, by his judgment and decree dated 9-10-1974 decreed the suit of Raja Khan respondent for the possession of 361 kanlas and 16 marlas of land. The learned Additional District Judge, Rawalpindi, dismissed the appeal of the petitioner and affirmed the order of the learned Civil Judge. The petitioners, therefore, filed an appeal before the Lahore High Court which was dismissed by a learned Single Judge by his order dated 24-6-1975 in limine. Hence this civil petition for special leave to appeal. 2. During the pendency of the suit Nazar sold the property to Raja and another who were substituted as the legal representatives. 3. It has been contended before us that the plaint termed the petitioners as tenants. It was filed by Nazar Hussain as the owner of the property in dispute and thus the landlord. 4. It has been urged before us that the suit for possession having been filed against tenants of agricultural land the jurisdiction to entertain and try such a suit vested exclusively in the revenue Courts. The civil Court thus, it is submitted, had no jurisdiction in the matter. 5. The relationship of landlord and tenant was denied in the written statement and adverse possession on account of ownership was pressed into service by the petitioners. They, however, urged that the jurisdiction of the Court was to be determined on the averments contained in the plaint and the mere fact that the petitioners denied to be the tenants of the plaintiff would make none the difference so far as this question is concerned. 6. This submission overlooks the fact that the plaintiff had…

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