NOPLA Vs. MULA

JUDGEMENT

(1.) THIS is a reference under Section 40 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951.

(2.) RESPONDENTS Mulla, Ralia and Ghisa, brought a suit against the defendant-appellants Nopla, Mahadeva, Sheosahai, Ramnath and Par-bhati, praying for a permanent injunction res-training the latter from obstructing them and their cattle from passing through a Nala constituting the way to the Banjar land and from obstructing their cattle being grazed in the area. Plaintiffs' allegations were that the defendants by laying hedges across the said Nala had obstructed the passage of the plaintiffs and their cattle to the pasture land. The defendants denied the plaintiffs' right of way through the Nala.

(3.) THE suit was valued at Rs. 2100/- and was originally instituted in the Court of the Civil Judge, Alwar, who returned the plaint holding that the suit was triable by a revenue Court, When the case came before the Sub-Divisional Officer, Behror, an objection was raised by the defendants that the suit was triable by a civil court and not by a revenue court. The Sub-Divisional Officer. Behror, however, rejected the objection and after evidence gave a decree to the plaintiffs by order dated 23rd April, 1955. On appeal by the defendants the question of jurisdiction was again raised and the learned Additional Commissioner. Jaipur, was of opinion that the suit was for an injunction not covered by any of the items in the First Schedule to the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act and was, therefore, triable by a civil court. He has accordingly made this reference.