KANMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision application by the plaintiffs in a suit against an appellate order of the District Judge, Pratapgarh confirming an order of the Civil Judge, Chittorgarh rejecting the plaint on the ground that the civil court has no jurisdiction to try the suit.

(2.) ACCORDING to the allegations made in the plaint the plaintiffs were in continuous possession of some agricultural land situated in village Parlia as tenants for a very long time. On an application by Smt. Bhanwar Bai, the Revenue Secretary to the Government passed an order on 19. 7. 55 directing that the plaintiffs be ejected from the land in suit and possession over it be delivered to Smt. Bhanwar Bai. It was asserted that the order of the Revenue Secretary was void and illegal inter alia on the ground that he had no authority to pass any such order, that the order had been passed in violation of the principles of natural justice and that the fundamental rights of the plaintiffs under Art. 19 (l) (f) of the Constitution had been violated.