DHANNA Vs. HARI SINGH

JUDGEMENT

(1.) THIS case comes on reference under sec. 40 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Act No 1 of 1951 ).

(2.) THE facts giving rise to it are that on the 3rd of October, 1953, one Dhanna Jat, resident of Dhadhar, Tehsil Churu, filed a suit in the court of the Munsif, Churu, for possession of certain agricultural plots mentioned in the plaint. It was averred by him that on the 12th of April, 1950 the defendant Harisingh entered with him into an agreement that on 16th of May, 1950 or before that date he would lease out to him Ujir-khanwala filed measuring 100 bighas and that if for any reason, it would not be possible for him to hand over possession of that filed, he would give him Dherwala field measuring 75 bighas for cultivation. It was alleged that the defendant failed to keep his promise and, therefore, it was prayed that he should be ordered to give to the plaintiff possession either over Ujirkhanwala field or Dehrwala field.