BADRI Vs. KISHNA

JUDGEMENT

(1.) THIS reference is by a Division Bench of this Court, and the question referred is as follows: - "whether a suit for redemption of agricultural land is triable a civil or a revenue court?"

(2.) THE facts leading to this reference may be briefly mentioned. Kishna and Kana filed a suit in the court of the Munsif, Jaipur in November, 1946, for redemption of agricultural land and two wells attached to it. THE Munsif held on the 14th of April, 1949, that the suit was triable by a civil court. THEreupon, there was a revision by the plaintiffs, and this Court held in July, 1950, that the suit was triable by the civil court. When the record when back to the Munsif, and proceedings began again, the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No. I) of 1950 (hereinafter called the Act) came into force. THEreupon the Munsif held that, in view of secs. 6 and 7 of the Act, the suit was triable by the revenue court, and accordingly transferred it to the court of the Sub-divisional Officer. THEreupon, the defendant filed this revision against the order of the Munsif, and his case is that the suit is triable by the civil court.

(3.) THE fact, therefore, that the proceeding was called a suit and was initiated by a plaint under the law as it existed before the Act came into force, and is now not called a suit and is initiated by an application will make no difference so far as the jurisdiction of the revenue courts to deal with such previously instituted suits is concerned.