DHULA Vs. HARLAL

JUDGEMENT

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

(2.) THE fact of the case out of which this reference has arisen may be stated very shortly for our present purposes. THE plaintiff Dhula who claims to be the proprietor of the suit well and the land appurtenant thereto alleges to have let it out to one Rambux. His case further was that defendant Nathusingh had forcibly turned out Rambux from the land in question and put defendant Harlal in possession thereof. Dhula, therefore, filed this suit for possession in the court of the Munsiff, Mandalgarh, on the 15th April, 1948 THE Revenue Courts Act having come into force on the 31st January, 1951, the Munsiff, under sec. 6 (3) thereof, transferred it to the Assistant Collector, Mandalgarh. It was urged before the Assistant Collector that out of the issues framed by the Munsiff one was the following and that it related to title and, therefore, the civil courts alone could decide it. Issue: