Modi, J.—This second appeal by the plaintiff raises a short question as to jurisdiction inasmuch as the plaintiffs suit has been dismissed by the District Judge, Kotah, by his judgment and decree dated the 25th February, 1958, on the rinding that the suit was exclusively triable by a revenue court.

2. The material facts bearing on the question of jurisdiction are, there fore, alone required to be stated. The dispute centres round some 48 odd Bighas of agricultural land situate in village Badan, Tehsil Baran. Mst. Jadav, widow of one Gopilal Jat, was admittedly recorded as the last Khatedar of some 102 Bighas of agricultural land of which the land in dispute forms a portion. The plaintiffs case is that Mst. Jadav granted a usufructuary mortgage of the entire land for a sum of Rs. 3000/-to the former by a registered mortgage-deed dated the 1st May, 1951. According to the plaintiff, defendant No. 1 Dhulilal alleging himself to be the heir of Mst. Jadavs husband Gopilal took forcible possession of the 48 odd Bighas of land on the 4th August 1951. The plaintiff filed a suit in the court of the sub-Divisional Officer, Baran, for possession of this land which was decreed by him, but, on ap

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