CHANDA Vs. GANGADHAR

JUDGEMENT

(1.) THIS is a reference by the Rajasthan Board of Revenue.

(2.) THE facts leading to this reference may be briefly stated as follows - Chanda and 2 others filed a suit in the court of the Munsif, Bandikui, on the 2nd of June, 1951, against Gangadhar and 7 others for a perpetual injunction restraining the defendants from damaging the well of the plaintiffs or constructing a new one or in any manner interfering; with the plaintiffs' enjoyment of the said well with the allegations that the plaintiff were tenants of the land of Th. Amar Singh and that their ancestors constructed a well on their holding which was being used by them for irrigating 24 bighas of land -theirs and that the defendants were threatening to damage the well and to interfere with their right to irrigate their lands from the said well. THE learned Munsif on the 22nd August, 1951 returned the plaint for presentation to a proper court holding that the suit was not triable by a civil court. THE plaintiffs then presented the plaint in the court of the sub-Divisional Officer Dausa, who did not agree with the opinion of the learned munsif and held that the suit was not triable by a revenue court and was triable by a civil court. He referred the matter to the Rajasthan Board of Revenue and the learned Members of the Board agreeing with the view expressed by the Sub-Divisional Officer have referred the case to this court. THE learned Members of the Board have based their opinion on a decision of this court in Bhawani Shanker vs. Rup Shanker (1) in which the import of items Nos. 8 and 9 of Group B of Schedule I to the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act was considered and it was held that a suit which was not by a landholder against a tenant or sub-tenant did not come within the scope of item 9 and was not exclusively triable by a revenue court and was cognizable a civil court. It may be pointed out that similar view has been expressed in Havji vs. Bada (2) Lala vs. Sujan Singh (3 ).