BHERON BAKSH Vs. BADRI BAKSH

JUDGEMENT

(1.) THIS revision has been filed against an order of the Additional Collector, Alwar, dated 9. 5. 57.

(2.) THE only point which calls for decision in this case is whether any of the revenue courts below had jurisdiction to take cognizance of this matter under the provisions of the Rajasthan Removal of Trees Ordinance or the corresponding provisions of the Rajasthan Tenancy Act. THEre is no dispute in so for as the location of these plants are concerned, namely, that both the parties concede that these were planted by the side of a well in the Abadi area of the village. It is also admitted that this well was used only for drinking purposes. A revenue court is competent to take cognizance of such matter, namely, cutting or removal of green trees only if the same were cut or removed from the land or holding as defined in the Rajasthan Tenancy Act. THE definition of 'land' or 'holding' does not include the Abadi area and therefore, as the trees are alleged to have been cut from such an area, a revenue court it not competent to deal with the same. THE decisions of the courts below being without jurisdiction stand vacated. In the result, the revision succeeds only on this point. .