Ram Keshan Das vs Jai Kishan Das and Others

Sir Knox and Piggott, JJ.—The petitioner instituted a suit in the court of the Subordinate Judge of Benares for possession. It was a summary suit brought in accordance with section 9 of the Specific Relief Act. The Subordinate Judge found that the plaintiff''s possession was not, as he expresses it, juridical, bat merely physical, and that he enjoyed possession as representative of his father, who was the person entitled to possession, and dismissed the suit. The plaintiff has come to this Court in revision. We have the authority of the case of Jwala v. Ganga Prasad (1903) I.L.R., 27 Mad., 112 for refusing to interfere, in revision in cases like the present, where another remedy is open to the aggrieved party. We think that the case is not one in which we should interfere. It is apparently a family quarrel. Petition is dismissed with costs.