Wanchoo, C.J.—This is a reference by the Assistant Collector of Sojat under sec. 40(2) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act No. I of 1951, and has arisen in the following circumstances.

2. A suit was pending in the court of Munsif Sojat, who transferred it to the Assistant Collector under sec. 6 of Act I of 1951, holding that the suit was cognisable by the revenue court. The order sheet shows that the Munsif was of opinion that the suit was covered by items 2 and 9 of Group B of the First Schedule. When the case came to the Assistant Collector, he took the view that the civil court had jurisdiction. Therefore he has made this reference under sec. 40(2), though in his letter the Assistant Collector says that the reference is under sec. 40(1) of the Act.

3. The point raised in this reference is whether the jurisdiction is in the civil court or in the revenue court in a case where the relief claimed is partly within the jurisdiction of a civil court and partly within the jurisdiction of a revenue court.

4. The plaintiff in this case filed the suit before the Munsif, and prayed that the plaintiffs half share in the northern Persian wheel attached to the well na

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