BAKSHA Vs. GOKALDAN

JUDGEMENT

(1.) THIS is a reference by the learned Munsif, Sikar, dated 20th July, 1956.

(2.) THE plaintiffs brought a suit for declaration that they had a field, khasra No. 119, and had a right of way through the defendants' fields Nos. 117 and 118 for the purpose of approach to the well situated in khasra No. 117, with the water whereof they had a right to irrigate their land. THE defendants denied the plaintiff's right to take water from the well in khasra No. 117, and also their right of way through plots Nos. 117 and 118. THE dispute is relating to the lands situated in village Nau Cheman, Tehsil Fatehpur. THE plaintiffs claimed a declaration of their right as also injunction restraining the defendants from interfering with their right. THE plaintiffs filed the suit in the court of Assistant Collector, Fatehpur, on 30. 10. 54, but on the enforcement of the Rajasthan Tenancy Act; the suit was transferred to the Court of Munsif, Sikar. THE learned Munsif has made this reference, as in his opinion this suit is triable by a revenue court.