LALA Vs. SUJANSINGH

JUDGEMENT

(1.) THIS is a reference by the learned Assistant Collector, Sojat, under sec. 40 (1) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Act No. 1 of 1951)

(2.) THE plaintiffs, Lala and seven others filed a suit in the Court of Munsif, Sojat, on 21st August 1945 on the allegations that they were in possession of a well Sujansagar alias matawa dujori, and 240 bighas of land appertaining thereto in village Hjria Mali. THE village Haria Mali was stated to be one of the villages in Thikana Bhesana held by defendant No. 1. It was alleged that defendants Nos. 4 to 7 were allowed to sink a new well on the land which adjoined the plaintiff's property, but in so doing took into possession a field roirhawala belonging to the plaintiffs. Certain civil and criminal litigation followed ending in a compromise between the parties by which the defendants agreed to pay certain amount of compensation and further not to encroach upon the plaintiff's land. It was alleged that the defendants in collusion with one another have again decided to harass the plaintiffs by interfering with the plaintiff's cultivation in the roirhawala field. THE plaintiffs prayed for a permanent injunction for restraining the defendants from interfering in the plaintiff's possession over 240 bighas of land appertaining to bera Sujansagar including the roirhawala field, and claimed Rs. 700/- as compensation for the damage already caused by interference. Only some of the defendants filed written statements. THEy agreed that the well Sujansagar and the land appertaining thereto was the plaintiffs' bapi shud land, but denied the plaintiffs' title or interest in roirhawala field. Certain issues were framed and the case proceeded. On 16th March 1951, the Munsif recorded an order that the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act having come into force, and the suit being one which was triable by the Revenue Court, it may be transferred to the Assistant Collector under sec. 6 (3) of that Act. Learned Assistant Collector,' however came to a different conclusion and on 31st August 1951 recorded an order that the main relief in the suit being one for permanent injunction, it was not provided for under the Schedules referred to in sec. 7 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951, and was not triable by a Revenue Court. He has accordingly made this reference after obtaining sanction of the Collector.