HARJI Vs. BANSI

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an appellate order of the District Judge, Alwar holding that the Civil Court has no jurisdiction to try the present suit for recovery of mesne profits.

(2.) THE defendants have not appeared to contest the revision application.

(3.) HARJI plaintiff is the tenant of a holding consisting of five(sic) situated in village Patan -ka -Bas having an area of 11 Bighas 7 Biswas He was dispossessed by Bansi and Bhagirath on 21 -9 -48 He filed a suit in the Revenue Court and finally an order for his reinstatement was passed on 8 -7 -55 by the Board of Revenue. The respondents filed a writ petition in the High Court against the decision of the Board of Revenue which was admitted and a stay order, was passed preventing the plaintiff -applicant from taking possession over the plots. Their writ petition was ultimately dismissed on 27 -8 -56 The respondents then filed a suit for injunction in the court of Munsif, Rajgarh, and and an, ex -parte ad interim injunction was obtained on 13.9.56 which was vacaon 17.4.57 The respondents filed an appeal against that order on 22 -4 -57 and on the same day an order of temporary injunction was issued in favour of the respondents. The appeal was dismissed on 5.3.58. The respondents filed a revision application in the High Court and obtained a stay order. The revision application was dismissed on 1 -10 59 and possession was restorted to the plaintiff on 7 -3 -60 On 11.10.60 he filed the present suit in the court of Civil Judge claiming mesne profits from 12.10.57 to 1 -10 -60. The Civil Judge held that the suit was of the nature falling under Section 187 of the Rajasthan Tenancy Act, 1955. He accordingly returned the plaint for presentation to the Revenue Court.