HAMIR SINGH Vs. PEETH SINGH

JUDGEMENT

(1.) THIS second appeal has been filed by the unsuccessful plaintiffs against an appellate order of the learned Addl. Commissioner, Jodhpur, dated 21st November, 1955, confirming the trial court's order to return the plaint to the plaintiffs for presentation to a proper court as it had no jurisdiction to try it after the promulgation of the Land Reforms and Jagir Resumption Act.

(2.) THE plaintiffs filed a suit before the sub-judge Balotra with the allegation that they are the jagirdars of village Meethura; that the respondents are their chhutbhais ; that the field and plots of land specified in the plaint belonged to them (defendents) and that the defendants unlawfully took possession of the same. It was prayed that possession over the land in question be restored to them and mesne profits amounting to Rs. 957/- be also decreed against the defendants. THE defendants in their written statement alleged that they were the co-sharers of the plaintiffs jagirdars and had 4 annas share in the jagir which included the land in dispute which had been in their possession since generations. THE learned sub-judge returned the plaint to the plaintiffs for presenting the same to a revenue court as in his opinion a suit of this nature was triable by a revenue court under sec. 94 of the Marwar Tenancy Act. Against this order an appeal was filed before the learned District Judge who also held the same view. THE plaintiffs then filed this suit before the Asst. Collector. THE Asst. Collector recorded the evidence and after hearing the counsel for the parties ordered on 16. 7. 55 that as the Rajasthan Land Reforms and Resumption of Jagirs Act had come into force, his jurisdiction in the matter was barred by sec. 46 of the Act read with sec. 22 of the Revenue Courts Procedure and Jurisdiction (Amendment) Act. Accordingly he ordered that the plaint be returned to the appellant for presentation to the proper court. Being aggrieved by this order the plaintiffs filed an appeal before the learned Addl. Commissioner who also held the same view and dismissed the appeal. It is against this order that a second appeal has been filed before us.