PURIA Vs. CHATURIA

JUDGEMENT

(1.) THIS is a reference by the learned Assistalnt Collector, Sojat, under sec. 40 (r) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951.

(2.) THE plaintiff Puria filed a suit against Chaturia and three others on the allegations that he was in possession of Lawaron-ke-Kositeka well and the land appertaining thereto in village Dudhor, and had been cultivating the land for some years but the defendants took possession of the holding on the 23rd of May 1951 in his absence. He claimed possession of the holding and a permanent injunction restraining the defendants from interfering in the plaintiff's property. THE suit was originally filed in the Court of Munsif, Sojat, on 26th May 1951. But the learned Munsif returned the plaint on 28th May 1951 as in his opinion the suit was triable by a Revenue Court. THE plaintiff accordingly presented the plaint on 4th June 1951 in the Court of Assistant Collectors Sojat. THE Assistant Collector framed certain issues, one of which was whether the revenue court had jurisdiction to entertain the suit. THE Assistant Collector by his order dated 19th October 1951 was of opinion that the suit was triable by a civil court. After obtaining sanction of the Collector, he made a reference under sec. 40 (1)of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Act No. I of 1951), with a recommendation that the case may be transferred to the civil court.