KUMAR Vs. SUKHA

JUDGEMENT

(1.) THIS is a reference dated 16th of October, 1958 by the Collector, Ajmer under section 243 (3) of the Rajasthan Tenancy Act, 1955 in which a recommendation has been made that "the present Assistant Collector, Kishangarh may be directed, notwithstanding the provisions of sec. 85 (3) Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 and sec. 239 (3) of the Rajasthan Tenancy Act to frame a fresh issue on the nature of right claimed over the land, receive fresh evidence, if necessary, and to take further steps according to the development of the case. "

(2.) THE facts which have given rise to this reference are briefly as follows : THE plaintiff Kamar instituted on 30. 12. 1950 a suit in the court of the Munsif, Kishangarh against defendants Sukhdeo and Balu. claiming l/3rd share in the in 100 bighas of land attached to a well "dundiwala", which was in the Bapi of the parties. THE Rajasthan Revenue Courts (Procedure and Jurisdiction) Act of 1951 having come into force on 31st January, 1951, the Munsif on 23rd February, 1951 held that the case is exclusively triable by a revenue court and, therefore, transferred the case to the Assistant Collector, Kishangarh. THE Assistant Collector, Kishangarh, on 17th September, 1951 framed the following three issues. (1) Whether the land and the well in dispute are of the Bapi of the parties and the ancestors of the parlies had dug the well originally and in Svt. 2001, the same was repaired with the expenses of the parties jointly? (2) Whether the plaintiff is entitled to l/3rd share in the well and the land in dispute? (3) To what relief are the parties entitled ?