SHANKERLAL Vs. DHULILAL

JUDGEMENT

(1.) THIS second appeal by the plaintiff raises a short question as to jurisdiction inasmuch as the plaintiff's suit has been dismissed by the District Judge, Kotah, by his judgment and decree dated the 25th February, 1958, on the rinding that the suit was exclusively triable by a revenue court.

(2.) THE material facts bearing on the question of jurisdiction are, there fore, alone required to be stated. THE dispute centres round some 48 odd Bighas of agricultural land situate in village Badan, Tehsil Baran. Mst. Jadav, widow of one Gopilal Jat, was admittedly recorded as the last Khatedar of some 102 Bighas of agricultural land of which the land in dispute forms a portion. THE plaintiff's case is that Mst. Jadav granted a usufructuary mortgage of the entire land for a sum of Rs. 3000/-to the former by a registered mortgage-deed dated the 1st May, 1951. According to the plaintiff, defendant No. 1 Dhulilal alleging himself to be the heir of Mst. Jadav's husband Gopilal took forcible possession of the 48 odd Bighas of land on the 4th August 1951. THE plaintiff filed a suit in the court of the sub-Divisional Officer, Baran, for possession of this land which was decreed by him, but, on appeal, that decree was set aside right upto the revenue Board. This has led to the institution of the present suit by the plaintiff in the court of the Civil Judge, Baran, on the 3rd April, 1956. Put briefly, he prays for possession of the 48 odd bighas of land on the ground that the defendant Dhulilal is a clear trespasser with respect to it, and he has also claimed mesne profits for two years amounting to Rs. 674/- according to certain calculations which have been mentioned in the plaint but which may not be repeated for the purposes of the present appeal. Alternatively, the plaintiff claims that if possession is not allowed to him, then a decree be passed for the return of the entire mortgage money in his favour which amounts to Rs. 3000/- together with two years' mesne profits amounting to Rs. 674/- as stated above.