JASWANT SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THESE three appeals arise out of an order passed by a learned Single Judge of this Court on November 18, 1983 dismissing the writ petitions filed by the appellants.

(2.) THE only question which arises in these appeals is as to whether the suits filed, by the respondent No. 3 in each of these appeals, in the court of Assistant Collector, Hanumangarh was properly triable by a Revenue court or was triable by a Civil court.

(3.) IN Shyam Kumar vs. Budh Singh (4) Sachar, J. observed as under:- "it is well settled that the question of jurisdiction, namely, whether a suit is exclusively triable by a Revenue court or a Civil court can take cognizance of it has to be decided on the allegations made in the plaint. It is also further settled that it is the substance of the plaint and true nature of the suit that is to be seen to determine the question of jurisdiction. If in substance the relief claimed is one which the Revenue courts alone are entitled to give the jurisdiction of the Civil courts will be ousted even though it may require the Revenue court to incidentally determine some ancillary facts. "