SHRI CHAND Vs. DAULAT RAM
LAWS(RAJ)-1952-4-11
HIGH COURT OF RAJASTHAN
Decided on April 17,1952

SHRI CHAND Appellant
VERSUS
DAULAT RAM Respondents

JUDGEMENT

Sharma, J. - (1.)THIS reference has been made by the Munsif, Dholpur, under sec. 40 (2) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. The suit was for a declaration that the plaintiffs were owners of certain shares in the property in dispute, and were entitled to redeem it, and also for the redemption of the property. It was filed in revenue court according to the law then in force in the then Dholpur State. After the coming into force of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (hereinafter to be referred as the Act), the revenue court transferred the case to the Court of Munsif, Dholpur, under sec. 6 (2) of the Act. The Munsif has disagreed with the revenue court, and is of opinion that the case was exclusively triable by the revenue court, and has made a reference to this Court under sec. 40 (2) of the Act.
(2.)THE parties have not appeared. I have gone through the record, and have also perused the relevant provisions of the Act. Under sec. 7 of the Act, all suits and applications of the nature specified in the First and Second Schedules shall be heard and determined by a revenue court, and no court other than a revenue court shall take cognizance of any such suit or application, or of any suit or application based on a cause of action in respect of which any relief could be claimed by means of any such suit or application. THE explanation to sec. 7 says that if the cause of action is one in respect of which relief might be granted by the revenue court, it is immaterial that the relief asked for from the civil court is greater than, or additional to, or is not identical with, that which the revenue court could have granted. In the present case, the cause of action in respect of which relief is claimed is the mortgage of property by the plaintiffs or their ancestors in favour of the defendants or their ancestors. Under Schedule I, Group D, item No. 5, a mortgagor can pray of redemption of land and for redelivery of possession by means of an application, which would be triable by a Sub-Divisional Officer. In this case the real relief claimed is the redemption of mortgage and the redelivery of property, and the cause of action is one in respect of which relief can be granted by the revenue court. THE case should have been decided by the revenue court, and should not have been transferred to a civil court.
The reference is accepted, and the Munsif is ordered to return the plaint for presentation to the Sub-Divisional Officer competent to try the case. .



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