BHOLA RAM Vs. SMT. SHANTI DEVI

JUDGEMENT

(1.) Heard both the parties. It is submitted by Shri A.K. Bajpei, learned counsel that a suit was filed in the Court of Assistant Collector, Sikar for declaration & perpetual injunction regarding land measuring 5 bighas 6 biswas of khasra No. 398. The learned Assistant Collector, Sikar framed two issues and referred the same for finding to the Court of Munsif Magistrate, Sikar. The findings were given by the learned Munsif and thereafter; the findings were referred back to the Court of Assistant Collector as given out by Shri Shastri, learned counsel for the respondents. However, Mr. Bajpei, gives out that the concerned file regarding findings on the two issues has not been sent back by the learned Munsiff to the Court of Assistant Collector. Thereafter, the petitioner filed an appeal against the findings of two issues given on 7th Aug., 1982 by the learned Munsiff, which was decided on Dec. 22, 1989 by learned District Judge, Sikar, who dismissed the appeal.

(2.) It is pointed out by Shri Bajpei, learned counsel that, infact, no appeal lay before the District judge in view of sub- section (2) of Sec. 239 of Rajasthan Tenancy Act, 1955 (for brevity 'the Act'). It is further pointed out that under sub- section (3), the Revenue Court was, thereafter to decide the suit accepting the findings of subordinate court on the issues referred to it. Shri Shastri, learned counsel frankly admits this legal position and states that he has no objection, if the matter is decided by learned Assistant Collector, Sikar. It is also submitted by him that on account of stay issued by this Court, the proceedings in Court of learned Assistant Collector have been stayed.

(3.) Evidently, in view of sub-section (2) of Sec. 239 of the Act the learned District Judge, Sikar had no jurisdiction to entertain the appeal against the findings given by learned Munsiff Magistrate on Aug. 7, 1982 regarding the two issues referred to him, hence the same is set aside. I am fortified in my view by decision of the Apex Court in Kiran Singh & ors. Vs. Chaman Paswan & ors. AIR 1954 SC 340 t, in which, it was held that decree passed without jurisdiction is a nullity.