R S E B Vs. RAMBABU

JUDGEMENT

(1.) THIS is defendants' revision against the appellate order holding that the suit is cognizable by a civil court. The trial court had upheld the defendants' objection that the suit can be tried only by a revenue court, but that view has been reversed in appeal by the District Court. Hence this revision by the defendants.

(2.) ADMITTEDLY , the defendants' objection to the cognizance of the suit by a civil court is to be decided at this stage only on the basis of the plaint averments, since the trial has not proceeded further. Reading the plaint as a whole, the appellate court has rightly reached the conclusion that the suit is cognizable by a civil court and is not barred by virtue of Section 207 of the Rajasthan Tenancy Act.

(3.) CONSEQUENTLY , the revision is dismissed with costs. The counsel's fee Rs. 200/ -, is certified. The record of the court below shall be returned forthwith. The parties shall appear in the trial court on 2 -3 -1987 to seek further directions. The trial court shall dispose of the suit as expeditiously as possible.