ROOP SINGH Vs. JUNJAR SINGH

JUDGEMENT

(1.) THIS is a reference by the Board of Revenue under sec. 243 (2) of the Rajasthan Tenancy Act (No. III) of 1955, and arises in the following circumstances : -

(2.) DEVI Singh and Roop Singh plaintiffs brought a suit against Junjar Singh defendant in the court of Munsif, Desuri in December, 1950. Their case was that they had a right of way through the field of the defendant, and also a right to carry water through it. The Munsif held that such a suit was covered by item 25 of Group B of the First Schedule of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No. I) of 1941, and transferred the suit to the Revenue Court having jurisdiction for disposal. The suit reached the court of the Sub-divisional Officer, Bali, who dismissed it on the merits in December, 1953. There was then an appeal to the Commissioner, which was disposed of by the Additional Commissioner in July, 1955. The Additional Commissioner dismissed the appeal. Thereupon, the plaintiffs went in second appeal to the Board of Revenue. The plaintiffs then raised, apparently for the first time, before the Board of Revenue that the revenue courts had no jurisdiction to entertain the suit, and their main reason for saying so was that the suit was for the grant of a permanent injunction. The learned members of the Board have stated that it is settled law that a suit for a permanent injunction was beyond the jurisdiction of a revenue court, and have referred to Lala vs. Sujan Singh (l ). They held that as this was a suit for permanent injunction; the Munsif was not right in transferring the suit to the Sub-divisional Officer. They, therefore, made this reference under sec. 243 (2) of the Rajasthan Tenancy Act; 1955, which came into force on the 15th of October, 1955, and replaced the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No I) of 1951.