Mohammad Rafiq, J. - (1.) This writ petition has been filed by petitioner against order passed by Board of Revenue rejecting his revision petition. In revision petition, petitioner had challenged order dt. 19.08.2006 passed by Court of Sub Divisional Officer (SDO), Kishangarhbas, by which his application under Order 7 Rule 11 CPC was dismissed. Petitioner raised an objection that such a question was not maintainable by revenue Court because land in question was urban land and therefore only regular civil Court could try and decide the suit. Revenue Board has dismissed the revision petition holding that issue whether or not this was a suit triable by civil Court or revenue Court, is a mixed question of law and fact.
(2.) Learned counsel submitted that there are documents to effect showing that this was not a revenue land but was an urban land and such nature of land was converted to urban land by order of the District Collector, Alwar, dt. 30.03.1988.
(3.) Learned counsel for respondent submits that already an issue to this effect has been framed by the Court as issue No.1 whether the land is urban land and for that reason the suit is triable by civil Court. Onus of proof of that issue is on defendant who is writ petitioner herein. He submits that evidence by plaintiff respondent has been completed. Now the matter is fixed for evidence of defendant.;