GIRDHARI Vs. PHULI

JUDGEMENT

(1.) THIS is a reference by Shri Madanlal Baweja, Assistant Collector, Behror, by order dated 13th August, 1955, in suit No. 25 of 1955, pending in his court. The suit was originally filed in the court of Civil Judge, Alwar, on 21st July, 1950, but it was returned to be presented to a revenue court by order of the Civil, Judge, and it was presented in the Court of the Sub-Divisional Officer, Behror on 24th November, 1952. The learned Assistant Collector has made a reference that in his opinion the suit is triable by a civil court.

(2.) THE allegations and the relief claimed in the suit are that a certain Haqiyat was in the name of Mst. Phuli, defendant No. 1, widow of Ram Swaroop. She contracted a second marriage with Sultan defendant No. 2, and according to the Wajib-ul-arz lost her right in her former husband's property. THEn it was alleged that certain collusive proceedings took place between Phuli and Sultan, whereby Sultan purported to obtain occupancy rights in land Khasra No. 14, measuring 28 bighas 11 biswas. THE prayer was that the name of Mst. Phuli as owner of Haqiyat in a certain Khewat be expunged the order of the S. D. O. Behror, dated 22nd October, 1948, and the subsequent order dated 25th March, 1949, conferring occupancy rights in a certain land be set aside, and the plaintiffs be further given a decree for possession of the Khewat held by Mst. Phuli.