BHOOR DAN Vs. HEMA

JUDGEMENT

(1.) THIS is a reference by the Collector, Udaipur, under sec. 40 (1) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (No, 1 of 1951) (hereinafter referred to as the Revenue Courts Act), and has arisen under the following circumstances.

(2.) THE case of the plaintiff Bhoordan as disclosed in his plaint was that he had made a mortgage of certain fields with the defendants by an unregistered mortgage-deed for a sum of Rs. 155/- and as the mortgage was unregistered, the defendants could not at law acquire the rights of mortgages. THE plain-tiff therefore filed the present suit in the court of the Munsiff Rajsamand on the 2nd April, 1951, for possession of the suit lands, and the plaintiff further, alternatively, prayed that if the defendants be held entitled to any rights as mortgagees, then redemption of the suit lands be allowed on payment of such sum as may be found to be due from him. On the 28th July, 1951, the Munsiff sent this case to the Sub-Division Officer, Rajsamand, as he was of the opinion that the suit was of a revenue character. When the matter went before the Sub-Divisional Officer he seems to have entertained the view that the revenue court had no jurisdiction to entertain this suit and, therefore, he referred the matter to the Collector who has made the present reference.