GANPAT SINGH Vs. AGRAN

JUDGEMENT

(1.) THIS case comes on a reference made by the Sub-Divisional Officer, Churu, under sec. 243 of the Rajasthan Tenancy Act (No. 3 of 1955 ).

(2.) IT is one of those unfortunate cases in which no progress has been made inspite of the lapse of a number of years, because it has been transferred from one court to the other on account of a doubt or conflict in the jurisdiction of the Revenue and Civil Courts. This suit was instituted in June 1943 in the court of the District Judge, Ratangarh, by Ganpat Singh for recovery of possession of 1100 Bighas of land situated in Hanwant-pura in Tehsil Churu. The case remained pending in that court till 1949 when it was transferred to Sub-Judge, Churu, by an order of the High Court of Bikaner, dated 10. 5. 49. Then, it remained pending in the court of Sub-Judge, Churu, till 26. 2. 51. On 26. 2. 51, it was conceded by counsel for both the parties that the suit had become exclusively triable by a revenue court under sec. 6 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No. 1 of 1951), and so the case was sent to the court of the Assistant Collector, Rajgarh. Thereafter, there was some change in the jurisdiction of the revenue courts and therefore the case was sent to the court of the Sub-Divisional Officer, Churu. The Sub-Divisional Officer, Churu, thought that the case was triable by a civil court and so he sent it to the Senior Civil Judge, Churu, but the latter returned it by saying that if there was any doubt about jurisdiction, the matter should be referred to the High Court under sec. 243 of the Rajasthan Tenancy Act, 1955. The Sub-Divisional Officer, Churu, has accordingly made the present reference with the permission of the Collector, Churu.