SUKHDEO Vs. THAKUR JUNJAR KARAN

JUDGEMENT

(1.) THIS is a revision by the plaintiffs Sukhdeo Ghutra and others against the orders of the Additional District Judge, Jodhpur, dated the 16th Oct. 1956 and the 21st December, 1956, transferring their suit, under sub-sec. (3) of sec. 206 of the Rajasthan Tenancy Act (No. III) of 1955 to the court of the Assistant Collector, Balotra, within whose jurisdiction the cause of action in the suit arose.

(2.) THE facts and circumstances of this unfortunate litigation leading up to the present revision may shortly be stated as folio vs. THE petitioners tiled their suit, in the first instance in the District Court Jodhpur, on the 23rd October, 1939. THEy claimed to be dolidars and alleged that 16 Halvas of land had been given to their ancestor Patal by Rao Jodhaji founder of the former Jodhpur State, in villages named Patasar and Hemasar (the latter is also known as Baghawas ). This grant was re-inforced by Maharaja Ajit Singhji of Jodhpur under a ''tamba Patra" granted to the plaintiffs' ancestor Kana in Svt. 1764. THE petitioners' case further was that they held 11 Halvas in village Patasar and 5 Halvas in village Hemasar or Baghawas and they gave the boundaries of these lands in the plaint. It was further alleged that the defendant opposite party Junjar Karan, Jagirdar of Baghawas, Tehsil Pachpadra, obstructed the tenants of the petitioners from carrying on agricultural operations in the aforesaid land and from cutting 'pala' and grass therein whereupon the petitioners filed a suit in the court of the Judicial Superintendent, Malani, for the relief of injunction only. As it was alleged that during the pendency of that litigation the opposite party Jagirdar had taken unlawful possession of some of the fields, the petitioners applied for permission to amend their plaint, apparently seeking the relief of possession also but this application was somehow dismissed. THE case of the petitioners thus was that the defendant opposite party had taken wrongful possession of considerable portions of their Doli land in the two vil-lages and that the opposite party was wrongfully claiming that the petitioners were merely tenants of the Thikana. Consequently, the petitioners instituted this suit for a declaration that they were Dolidars with respect to the 16 Halvas of land specified in the plaint and for recovery of possession of such portions of their Doli land of which the opposite party had taken unlawful possession and his ejectment therefrom and for a sum of Rs. 1800/- as mesne profits from 1933 to 1938 A. D. at the rate of Rs. 300/- per year and for further mesne profits from the date of the suit till the delivery of possession. This suit was presented in the court of the District Judge (No. II) in the former State of Jodhpur on the 23rd October, 1939.