NENU RAM Vs. JASWANTI AND CO

JUDGEMENT

(1.) THIS is a reference by the Civil Judge, Beawar under sec. 243 of the Rajasthan Tenancy Act, 1955 for resolving a conflict of jurisdiction in respect of a. suit for declaration of a right of way.

(2.) THE facts giving rise to this reference may be broadly stated as follows: - Shri Nenuram originally filed a suit on 10th February, 1958. against the defendant Smt. Jaswanti and others in the court of the Civil Judge, Beawar for a declaration that the plaintiff, his agents, servants and assignees had a right or way and user with regard to certain agricultural holdings and for grant of a mandatory injunction restraining the defendants and their agents, etc. from obstructing in any way with the plaintiffs and his servants in the exercise of their right of way.