Shri Kishen Puri—This is an appeal against the order of the Additional Commissioner, Alwar dated 19.11.51 accepting the first appeal of the respondent and setting aside the decree passed by the lower court in favour of the appellant Sukhi and Natha.

2. I have heard the parties and gone through the record of the case. The appellants counsel conceded that in view of the Rajasthan High Courts ruling reported in R.L.W. 1952 page 248, a suit for permanent injunction is triable only by a civil court and not by revenue courts. The orders passed by the lower court, therefore do not call for any interference.

3. Before concluding I would like to point out that in spite of very clear orders passed by the Rajasthan High Court that revenue courts cannot try suits for permanent injuction, certain Sub-Divisional Officers continue to entertain such suits. The decrees passed in such cases have to be set aside by the appellate courts and all this causes un-necessary trouble and expenditure to litigants. It would be useful if a circular order is issued to all subordinate revenue courts drawing their attention to the law on the subject so that Sub-Divisional Officers may not assume jurisdiction in suits for permanent injunctions,

4. The appeal is hereby dismissed.

Click Here to Read the rest of this document