Constructed property

Petitioners/plaintiffs filed suit for possession of constructed property/house before civil court, which was decreed in favour of the plaintiffs

Appeal filed by defendants was accepted and judgment and decree passed by Trial Court was set aside on the ground that the jurisdiction for ejectment of tenant exclusively fell within the domain of revenue court and the civil court was barred to adjudicate the matter in dispute

Contention of the plaintiffs/petitioners was that civil court had exclusive jurisdiction to decide the suit for possession through devolution of constructed house, therefore the appellate court had wrongly set aside the judgment and decree passed by trial court

Validity

Proceedings for ejectment could only be filed before civil court in respect of constructed property, whereas ejectment of the tenant from agricultural property could be sought from revenue hierarchy

Petitioners/plaintiff had rightly filed their suit for possession through ejectment of tenant from suit property/house which had no nexus with the agricultural property

Property in dispute was in constructed nature in the shape of house and jurisdiction to adjudicate the issue exclusively lay with civil court

Impugned judgment and decree passed by appellate court was set aside

Revision petition was accepted.