BHAIRUN Vs. HARIDAS

JUDGEMENT

(1.) THIS is a reference by the S. D. M. Beawar through the Collector, Ajmer under sec. 243 of the Rajasthan Tenancy Act, 1955 for resolving a question relating to the conflict of jurisdiction.

(2.) THE facts which have led to this reference may be briefly stated as follows : - Shri Bheru S/o Jawara Gujar of Kharwa instituted a suit on 24th of March, 1948 in the court of the Sub-Judge First Class, Beawar for the issue of a perpetual injunction restraining the defendants from ejecting the plaintiff from land comprising Khasra No. 2762 in village Kharwa. Subsequent to the institution of the suit, the Rajasthan Revenue Laws (Extension) Act No. 2 of 1958 (hereinafter referred as Act No. 2 of 1958) was promulgated by the Rajasthan Legislature and under that law, the Rajasthan Tenancy Act was extended to the areas of the former Ajmer State, THE Sub Judge First Class, Beawar found that the suit is triable exclusively by a revenue court as per the provisions of the Rajasthan Tenancy Act, 1958 and, therefore, transferred the case to the court of the S. D. O. Beawar. In the latter court, plaintiff raised an objection that the suit was not triable by a revenue court. THE contention on behalf of the plaintiff was that the Act No. 2 of 1958 has no retrospective effect and, therefore, the provision of the Rajasthan Tenancy Act cannot be applied retrospectively to cases instituted in the former Ajmer State prior to the promulgation of the Act No. 2 of 1958. A judgment of the Board of Revenue was also placed before the S. D. O. Beawar on behalf of the plaintiff in support of his contention. THE S. D. O. agreeing with the contention of the plaintiff expressed disagreement with the order of the civil court transferring the case to the revenue court. He, vide his order dated 10. 12. 1958, has accordingly made a reference through the Collector to this Court for determining whether this case should be tried by a civil court or a revenue court.