BHAGWAN DASS Vs. HANUMAN DASS

JUDGEMENT

(1.) THIS second appeal has been filed by the unsuccessful plaintiffs whose suit for recovery of possession over the land in dispute against the respondent was decreed by the trial court, the first appellate court having set aside the same.

(2.) IN view of the order that we are passing in the case, nothing need be said about the merits of the case. Suffice it to observe that the plaint as framed makes it perfectly clear that the suit was beyond the cognizance of a revenue court. It was averred in the plaint that the defendant was employed as a servant to look after the land in dispute for a period of three years in Svt. 2007, that the period had expired, that the defendant did not faithfully discharge the duties entrusted to him, that the plaintiffs were dissatisfied with his work and wanted to terminate his services and that they desired recovery of possession as well from him. The learned counsel appearing for the appellants has frankly conceded before us that this suit could not have been tried by a revenue court. The question stands determined by a decision of the Rajasthan High Court in Gordhan vs. Kishenlal reported in RLW 1955 page 23. It was held therein that Art. 10, Group B, Schedule I of the Rajasthan Revenue Courts (Procedure & Jurisdiction) Act, 1951, applies only to a suit for ejectment of a trespasser taking possession of land without lawful authority. "it does not include a suit for dispossession of a person who entered into possession lawfully but whose possession became unlawful by subsequent means. The case is not covered by any of the Articles of the Schedule and the Civil Courts have not been ousted of the jurisdiction to try a case of this nature. " We would, therefore, allow this appeal, set aside the orders of the lower courts and direct that the plaint after endorsing necessary particulars as laid down in Rule 13 of the Rules framed under sec. 8 of the Rajasthan Revenue Courts (Procedure & Jurisdiction) Act, 1951, be returned to the plaintiffs for presentation to a competent court. .