GHINSA Vs. AHMADA

JUDGEMENT

(1.) THIS reference has been made by the learned Civil Judge, Beawar, under sec. 243 of the Rajasthan Tenancy Act, 1955, which will hereinafter be referred to as the Act.

(2.) THE facts giving rise to it are that Ghinsa and Mana filed a suit for preemption in respect of certain agricultural plots of land in the court of Sub-Judge, First Class, Beawar, on 28. 10. 56. On 5. 5. 58, the learned Civil Judge, Beawar, transferred the case to the Sub-Divisional Officer, Beawar, under sec. 206 (3) of the Act, since he thought that it was exclusively triable by a revenue court. THE Sub-Divisional Officer, on the other hand, thought that the suit was triable only by a civil court and so he made a report to the Collector Ajmer for sanction to refer the matter to the High Court under sec. 243 of the Act. THE Collector agreed with the Sub-Divisional Officer that the case was triable by a civil court, but instead of sanctioning a reference under sec. 243, he sent the record to the District Judge, Ajmer, for transferring the case back to the court of Civil Judge, Beawar.