Chhangani, J.—This is a reference by the Civil Judge, Beawar under sec. 243 of the Rajasthan Tenancy Act, 1955 for resolving a conflict of jurisdiction in respect of a. suit for declaration of a right of way.

2. The facts giving rise to this reference may be broadly stated as follows: — Shri Nenuram originally filed a suit on 10th February, 1958. against the defendant Smt. Jaswanti and others in the court of the Civil Judge, Beawar for a declaration that the plaintiff, his agents, servants and assignees had a right or way and user with regard to certain agricultural holdings and for grant of a mandatory injunction restraining the defendants and their agents, etc. from obstructing in any way with the plaintiffs and his servants in the exercise of their right of way.

3. After the Rajasthan Tenancy Act, 1955 came into force in that part of the State, the Civil Judge held the view that the suit is triable by a revenue court and he by his order dated 9th May, 1958 transferred the case to the court of the Sub-divisional Officer & Assistant Collector, Beawar. The Assistant Collector, Beawar did not agree with the opinion expressed by the Civil Judge and found, vide his order dated 15th of O

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