JAMNALAL Vs. DEO CHAND

JUDGEMENT

(1.) THIS is a second appeal in execution proceedings.

(2.) THE facts of the case are well-stated in the judgment of the Civil Judge, Gangapur. Deochand obtained 3 decree against Gajadhar and Jamnalal from the court of Munsif, Karauli, on 20th February, 1951, for redemption of certain agricultural land. In execution of that decree the judgment-debtors took an objection that the suit was one which was triable by a revenue court according to the provisions of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, which came into force on 23rd January, 1951, and the Munsif should have transferred the suit to the revenue court under sec. 6 of the Act, and the decree passed by the Munsif's Court after the enforcement of the said Act was a nullity. THE executing court dismissed the objection, and the same judgment was upheld on appeal.