ABDUL SATTAR Vs. JANKIVALLABH

JUDGEMENT

(1.) This is a revision by the petitioners Abdul Sattar and Abdul Rehman against an order of the Munsiff City Jodhpur dated the 15th September, 19,58, in a proceeding under Section 146 of the Code of Criminal Procedure, which raises an interesting question as to the interpretation of the words "a Civil Court of competent jurisdiction" occurring in that section:

(2.) Only a few facts need be mentioned to bring out the controversy which has arisen in this case. The petitioners here instituted an application under Section 145, Cri. P. C. against the opposite parties with respect to a certain plot of open land lying outside the Siwanchi gate in the city of Jodhpur. This application was filed in the court of the City Magistrate Jodhpur (No. 1). As the learned Magistrate did not find himself in a Position to decade as to which of the contending parties was in possession of the land in dispute at the date of the preliminary order, he referred the question of possession for determination to the Munsiff, Jodhpur City, under Sub-section (1) of Section 146. It appears that after some evidence was recorded before the Munsiff, an objection was raised before him that as the valuation, of the land was more than the pecuniary jurisdiction of the Munsiff, which is admittedly limited to a sum of Rs. 2000/-, his was not the court of competent jurisdiction to decide the question of possession raised in this case. The learned Munsiff by his order dated 15th September. 1958, repelled this objection and held that the word "jurisdiction" as used in the phrase "a Civil Court of competent jurisdiction" was used in the sense of territorial jurisdiction only. Aggrieved by this order, the petitioners have come up in the present revision.

(3.) It is in these circumstances that the question of the proper interpretation of the phrase "a Civil Court of competent jurisdiction" as used in Section 146(1) Cri. P. C. arises in this case.