RAWAL ZORAWAR SINGH Vs. GANESHMAL

JUDGEMENT

(1.) THESE are four appeals which raise an identical question and have arisen in the following circumstances.

(2.) THE plaintiff Rawal Zorawarsinghji of Jasol instituted four suits, out of which these appeals have arisen in the court of the Assistant Revenue Officer, Malani (Barmer), on 10th October, 1946, on the allegations that Moza Chandesra was a Patta village of his Jagir, that there was a custom that all Maha-jans who lived and worked within the village were liable to pay Jhumpi lag at the rate of 1/8/-per house per annum, and that the defendants were residents of and earring on business in that village. An objection was raised on behalf of the defendants that the suits were of a civil nature and were not triable by a revenue court. THE Revenue Minister of the former Jodhpur State held that the suits were of a revenue nature as they fell within the four corners of rule 3 (i) (e) of the Rules for the establishment of Revenue Courts, 1924, which were in force in that State at the time. Rule 3 (i) (e) runs as follows : - "the following cases shall be triable exclusively by Revenue Courts, whether the land is situated in a Khalsa or Jagir village, and notwithstanding anything contained in the Marwar Court Fees Act, 1914, the court fees noted against each shall be the proper Court Fees leviable, namely : - Cases in which the matter at issue is. Court Fees Leviable. (a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) Where the dues claimed are manorial dues arising . . . . . . . . . . . . . . . . . . . . . . out of the exercise of any right or privilege in land, . . . . . . . . . . . . . . whether they are payable and if so, on what scale . . . . . . . . . . . . . . . and whether in cash or kind. " . . . . . . . . . . . . . . . .