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1958 Supreme(Raj) 67

KANWAR BAHADUR, J.N.KUNZRU
Bheron Baksh – Appellant
Versus
Badri Baksh – Respondent


Advocates Appeared:
Nayannand Jain, Vakil, for Applicant; Gopallal, Advocate, for opposite party

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves a revision filed against an order of the Additional Collector, Alwar, dated 9.5.57 (!) .
  • The primary issue is whether the revenue courts below had jurisdiction to hear the matter under the Rajasthan Removal of Trees Ordinance or the Rajasthan Tenancy Act (!) .
  • The dispute concerns trees planted by the side of a well located in the Abadi area of a village, which both parties agree is used solely for drinking purposes (!) .
  • It is admitted that the well and the trees are situated in the Abadi area, which is not included within the definition of land or holding under the Rajasthan Tenancy Act (!) .
  • Revenue courts are competent to deal with cases involving the cutting or removal of green trees only if the trees are cut or removed from land or holdings as defined in the Act (!) .
  • Since the trees were alleged to have been cut from the Abadi area, which is outside the scope of the land or holding as per the Act, the revenue courts lack jurisdiction over this matter (!) .
  • Consequently, the decisions of the courts below, which presumed jurisdiction, are vacated (!) .
  • The revision succeeds solely on the issue of jurisdiction (!) .

Please let me know if you need any further analysis or assistance.


This revision has been filed against an order of the Additional Collector, Alwar, dated 9.5.57.

2. The only point which calls for decision in this case is whether any of the revenue courts below had jurisdiction to take cognizance of this matter under the provisions of the Rajasthan Removal of Trees Ordinance or the corresponding provisions of the Rajasthan Tenancy Act. There is no dispute in so for as the location of these plants are concerned, namely, that both the parties concede that these were planted by the side of a well in the Abadi area of the village. It is also admitted that this well was used only for drinking purposes. A revenue court is competent to take cognizance of such matter, namely, cutting or removal of green trees only if the same were cut or removed from the land or holding as defined in the Rajasthan Tenancy Act. The definition of land or holding does not include the Abadi area and therefore, as the trees are alleged to have been cut from such an area, a revenue court it not competent to deal with the same. The decisions of the courts below being without jurisdiction stand vacated. In the result, the revision succeeds only on this point.

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