BHAWANIRAM Vs. SETH RAM NARAIN

JUDGEMENT

(1.) THIS is a revision application by the defendant against an order of the Munsif, Jhalrapatan, dated the 11th February, 1952 by which an objection of the defendant that the suit was exclusively triable by a Revenue Court was disallowed. The learned Munsif placed his reliance on the authorities in the cases of Gangadin vs. Piyare (1) and Hurro Durga Chowdhrani vs. Surut Sundaridebi (2 ).

(2.) THE facts of this case are that the plaintiff Seth Ramnath filed a suit against Bhawaniram in the court of the Munsif, Jhalrapatan, on the 11th December, 1951 alleging that he was forcibly kept out of the possession of land khasra No. 5 measuring 15 bighas in village Sheopur (Tehsil Patan) for the Svt. year 2007 and 2008 and the plaintiff thereby suffered a loss of Rs. 600/ -. He therefore claimed an amount of Rs. 600/-from the defendant. THE defendant raised a plea of jurisdiction and he claimed that the suit was exclusively triable by a Revenue Court under sec. 7, Schedule I, Group B - item No. 12 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. THE learned Munsif after hearing the arguments of both sides held that the suit was for means profits and as such it did not fall within the scope of item 12, Group B, Schedule I of the said Act. THE defendant has now come in revision and it has been urged that the court below was wrong in holding that the suit was one which did not come within the scope of item 12, Group B, Schedule I of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act.