SHANKER LAL Vs. RATAN LAL

JUDGEMENT

(1.) HEARD learned Counsels.

(2.) THIS writ petition is directed against the order dt. 02.01.2009 passed by the learned District Judge, Sirohi allowing the appeal of the plaintiff against the order dt. 04.11.2008 of the learned trial Court whereby the learned trial Court had rejected the application under Order 39 Rules 1 and 2 C.P.C. of the plaintiff.

(3.) LEARNED Counsel for the petitioner -defendant Shankar Lal, Mr. S.L. Jain drew the attention of the Court towards the map produced before the learned trial Court annexed at page 39 of the writ petition and submitted that from the point marked 'A' on public way, the defendants used to have access through the public way on the top North of the khasra Nos. 463 and 464 to their own agricultural field in khasra No. 416 and, therefore, since the revenue Courts of Tehsildar and S.D.O. had clearly found in favour of the petitioner -defendant Shankar Lal that they had right to the said public way on the North portion of khasra Nos. 463 and 464, the first appellate Court could not have reversed those findings and denied the access to the present petitioners through that way. He also submitted that the Civil Court had no jurisdiction to decide the said civil suit since it was a revenue matter and under Section 251 of the Rajasthan Tenancy Act, the said revenue Courts had the appropriate jurisdiction to decide the question of way.