JOHARILAL Vs. MAHANT SRI RAMDAS

JUDGEMENT

(1.) THIS is the defendants' second appeal against the judgment and decree of the District Judge, Sawai Jaipur and Gangapur, dated the 30th September 1948 affirming the judgment of the Munsif, Dausa, passing a decree for Rs. 70/- for cutting down the plaintiff's Babul tree standing on his Muafi land at the village Malwas.

(2.) THE main contention raised by the appellants' advocate is, that before the trial court gave its judgment on the 5th February, 1947 the Jaipur State-Grants Land Tenures Act, 1947, had come into force, that according to sec. 190 read with sec. 25 of the said Act this case was exclusively triable by the Revenue Court and that the Munsif had no jurisdiction left to try and decide this case. He has proceeded to argue that according to sec. 3 thereof it was obligatory for the Munsif to transfer the case to the competent revenue court and that his decree being passed without jurisdiction, should be set aside. This argument was not taken in the courts below and I am not convinced that the jurisdiction of the Munsif to decide this case was taken away by the Jaipur State-Grants Land Tenures Act of 1947.