SHIVDAN SINGH Vs. MEGHRAJ

JUDGEMENT

(1.) THIS reference has been made by the Civil Judge, Pali, under sec. 40 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951.

(2.) THE facts giving rise to it are that one Shivdan Singh Jagirdar of Kherwa filed a suit for the recovery of mapa lag in a revenue court i. e. in the court of the Tehsildar, Pali. THE plaint was returned by that court with an endorsement that it was not triable by a revenue court. THE plaintiff thereupon presented his claim in the court of the Civil Judge Pali. THE learned Civil Judge is of opinion that the suit is exclusively triable by a revenue court and that the plaint should not have been returned by the Tehsildar. THEre being a conflict of opinion about the jurisdiction between a revenue court and a civil court, the Civil Judge has referred the matter to this Court.