RATAN LAL Vs. GRAM PANCHAYAT AGOLAI

JUDGEMENT

(1.) THIS revision application has been filed against the order pas-sed by the learned Additional Civil Judge, Jodhpur, holding that the civil court-has jurisdiction to try the suit filed before him. The argument of the learned counsel is that the suit is exclusively triable by a revenue court and the civil court has no jurisdiction to entertain or decide the same.

(2.) I have read the plaint with great care and attention. The case of the plaintiff in a nut shell is that the land in dispute was left as "agor land" for the benefit of the general public and it was a common land of village people and as such, no khatedari rights could have accrued or could have been granted in the land in dispute. According to the plaintiff, the land has been used since times immemorial as "agor land", that is, land necessary for the flow of water thereon into a reservoir or tank, used for drinking water for the village. The petitioner has sought a declaration to the effect that the land in dispute is un cultivable "agor land" and no tenancy rights could be created therein, in favour of the defendants and that such land vests in the plaintiff namely, the Gram Panchayat, Agolai.