Changani, J.—This is a reference by the Civil Judge, Beawar under sec. 243 of the Rajasthan Tenancy Act and the only point which calls for determination in this reference is whether the expression "a civil court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject matter in dispute" should be interpreted to include a revenue court also.

2. The facts which have given rise to this reference may be briefly stated as follow :-

In criminal proceedings under Sec. 145 Cr.P.C., State Vs. Keshav Sen and Raghunath the S.D.M., Beawar being unable to decide as to which of the parties was in possession of the property in dispute, which is admittedly an agricultural hold ing, referred the matter to the Sub Judge First Class, Beawar under sec. 146(1) Cr.P.C. which ultimately came on the file of the Civil Judge, Beawar. On the extension of the Rajasthan Tenancy Act to the Ajmer area in the year 1958, the Civil Judge held that the finding referred to by the criminal court can be determined only by a revenue court, and passed an order on 21st July, 1958 transferring the case to the court of the Assistant Collector and S. D. O., Beawar u

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