AIR 1975 RAJASTHAN 157 ::1975 RajLW 29 ::ILR (1975) 25 Raj 242

Rajasthan High Court

Hon'ble Judge(s): P. N. Shinghal, M. L. Shrimal , JJ

Rajasthan Tenancy Act (3 of 1955) , S.239(1), S.239(5)— Suit for ejectment - Question of proprietary right referred to Civil Court - Decree passed by Revenue Officer after receipt of finding - Forum of appeal - Appeals heard by Revenue Appellate Authority and Board of Revenue without objection - Judgments null and void for want of jurisdiction - Quashing of. Constitution of India , Art.226— Civil P.C. (5 of 1908) , S.9— In a suit for ejectment of a trespasser from certain land, the question whether the suit land was the 'doli' land of the temple which could be cultivated only by the pujari was raised and the question being one of a proprietary right within Section 239 (1), Rajasthan Tenancy Act, was referred to a Civil Court. On receipt of the finding of the Civil Court, the suit was dismissed by the S. D. O., and an appeal against it was also dismissed by the Revenue Appellate Authority. A second appeal was, however, allowed by the Board of Revenue. A decree was passed by the S. D. O. in the suit under Section 239 (3) and an application for review of judgment was dismissed by him. The petitioner applied under Article 226 for quashing the appellate judgments as being without jurisdiction and void. Held (i) that as the issue involving a question of proprietary right had admittedly been decided by the civil court under Section 239....