MEGHRAJ Vs. DEVA

JUDGEMENT

(1.) THIS is a reference under sec. 243 of the Rajasthan Tenancy Act, 1955, and arises in the following circumstances:

(2.) PLAINTIFF Meghraj filed a declaratory suit in the court of Munsif Kapasan on 15. 12. 55. It was averred by him that an agricultural plot of land No. 991, the boundaries of which were given by him in para No. 1 the plaint, was purchased by him from the defendant on 15 3-37. The defendant executed a registered sale-deed in his favour, and handed over the possession of that property to him. After some years, the defendant filed against the plaintiff a suit for possession of this land under sec. 9 of the Specific Relief Act and the same was decreed against the plaintiff on 23rd March 1955 It was asserted by the plaintiff that the disputed property really belonged to him and that a declaratory decree may therefore be passed in his favour. Later on, the plaintiff amended his plaint and also added a prayer for possession of the property. The defendant contested the suit ; whereupon several issues were struck by the trial court. One of the contentions raised by the defendant was to the effect that the suit was exclusively triable by a revenue court. This issue was decided by Munsif Kapasan in the defendant's favour on 14. 3. 56 and the file was therefore transferred to the Sub-Divisional Officer, Kapasan under sec. 206 of the Rajasthan Tenancy Act. The Sub-Divisional Officer, Kapasan has reported, after obtaining permission of the Collector that the suit was triable by a civil court and there being conflict of opinion about the jurisdiction of a revenue or civil court to entertain and decide this suit, he has referred the matter to this court.