AIR 2004 ALLAHABAD 371 ::2004 ALL. L. J. 3277 ::2004 (97) RevDec 171 ::2004 (4) All WC 3170

Allahabad High Court

Hon'ble Judge(s): Arun Tandon , J

(A) Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Suit for injunction - Maintainability - Plaintiff seeking injunction against defendant to restrain him from inter-fereing with his pension - Name of defendant was alleged to be wrongly recorded in remarks column of Khatauni - Although said entry in remarks column would not vest title of suit land in defendant - Plaintiff must establish better title over land - Suit which involves question of title can be decided only by Revenue Court - No injunction can be granted by Civil Court. Uttar Pradesh Land Revenue Act (3 of 1901) , S.233— (Para 10) (B) Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act (9 of 1957) , S.84— Uttar Pradesh Tenancy Act (17 of 1939) , S.8— Suit for injunction - Suit land was agricultural land but it was situated in urban area - No notification under S. 84 had been issued in respect of land in question - Though provisions of 1957 Act are not attracted - It would not mean that provisions of Tenancy Act would cease to apply. (Para 11) .....