HAVJI Vs. BADA

JUDGEMENT

(1.) THIS reference has been made by the Assistant Collector, Dungarpur under sec. 40 (2) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No. 1 of 1951 ). It arises in the following circumstances.

(2.) ON the 3rd of March 1952, one Havji presented a plaint in the court of the Civil Judge Dungarpur. It was averred by him that the defendants wanted to tease him and drive him out of the village and with that end in view, they were interfering with his cultivation. It was prayed that an injunction be passed against the defendants restraining them from interfering with the cultivation of his fields which were in his patta. ON the 27th of March,1952, the Civil Judge returned the plain with direction that it could be heard by a revenue court and therefore it should be presented to a proper court. When the case came before the Assistant Collector Dungarpur, an objection was raised by the defendants that the revenue court had no jurisdiction to try the suit. The Assistant Collector thinks that this objection is correct and therefore he has made the present reference.