MOHAN Vs. JEEWAN

JUDGEMENT

(1.) THIS is a reference by the Revenue Board and has arisen in the following circumstanes.

(2.) THE opposite party Jeewan filed a suit-against Mohan in the court of the Munsiff, Churu, for the recovery of certain arrears of rent from Svt. 2003 to Svt. 2006 in respect of certain agricultural land situate in village Kharia, Tehsil Rajgarh, District Churu. THE case of the plaintiff was that the defendant had taken a lease of the land in dispute from the plaintiff. This suit was filed on the 19th August, 1950. THE Munsiff decreed the suit by his judgment dated the 29th January, 1951. It would be convenient to state at this place that the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No 1) of 1951 (hereinafter referred to as 'the Rajasthan Act'.) came into force on the 31st January, 1951. Defendant Mohan took an appeal from the judgment of the Munsiff to the Civil Judge, Churu, who dismissed the appeal on 15th November, 1951. THEreafter the defendant preferred a second appeal before the Revenue Board on the 19th December, 1951. It was contended before the revenue Board that the suit out of which the appeal arose was of a revenue nature, and the civil court had no jurisdiction to take cognizance of it. THE Revenue Board, however thought that it was faced with a difficulty, as sec. 6 (3) of the Rajasthan Act did not in terms provide for transfer of any appeals therein. THE Board has accordingly made a reference to this Court under sec. 40 (1) of the said Act.