JHUNTA Vs. MANGTU

JUDGEMENT

(1.) THIS is a reference by the learned Assistant Collector, Tijara under section 40 sub-section 2 of the Rajasthan Revenue Courts (Procedure & Jurisdiction) Act. Jhuntaram & Nathia instituted a suit in a court of Civil Judge, Alwar on the 3rd of September 1951 against Mangtu, Sukhdeo and Mansingh on the allegations that the plaintiffs were co-sharers with the defendants in land in Khasra Nos 49 and 43 covering an area of 14 Bighas and 3 Biss was in village Bhojpura, Tehsil Manda-war. It was alleged that the plaintiffs had been dispossessed by the defendants which led the plaintiff's so institute a suit for possession and to obtain a decree on the 30th of June, 1950 and in execution whereof, the plaintiffs got possession of their land on the 26th of June, 1950. The plaintiffs claimed Rs. 2200/- on account of the loss which they sustained during the period of their dispossession for four harvests from the defendants. The learned Civil Judge returned the plaint for presentation in a revenue court on the 3rd of May, 1952 and it was presented before the Assistant Collector on the 8th of July, 1952. The learned Assistant Collector was of opinion that the suit did not come within any of the items mentioned in the First Schedule, and recorded an opinion that the suit was not triable by revenue court and has made this reference.

(2.) THE suit has been framed as for compensation for being kept out of possession and the nearest approach to a suit of this nature would be Item No. 12 of Group B of the First Schdl. THE language of that item is as follows; "for recovery of possession by a person who has been wrongly ejected or for compensation or for both. " THE period of limitation prescribed is three years and the time from which the period begins to run is mentioned when the wrongful dispossession takes place.