SHANKARLAL Vs. PREMSINGH

JUDGEMENT

(1.) THIS is a second appeal against the decision of the Commissioner Udaipur dated 5. 8. 53.

(2.) THE circumstances which have given rise to this second appeal are that the appeal ants filed a suit on 23. 12. 50 in the court of Munsif Gangapur under sec. 9 of the Specific Relief Act for recovery of possession of 16 fields numbering 39, 40, 41 to 45, 50 to 55, 48, 49 and 24 bighas 5 biswas, in village Atolia Tehsil Karer. THE case was pending in the Munsif's court when the Rajasthan Revenue Courts (Procedure and Juris-diciton) Act came into force and therefore the Munsif transferred it on 20. 2. 51 to the Sub-Divisional Officer Bhilwara under sec. 6 (3) of the Act. THE suit was decreed. THE respondent went in first appeal to the Additional Commissioner. He set aside the decision on the ground that suit under sec. 8 of the Specific Relief Act was within the exclusive jurisdiction of a civil court and a revenue court could not try it. He remanded the case to the Sub-Divisional Officer with the direction that he should return the case to the Munsif and it was not accepted by him that he should make a reference to the High Court.