KAN SINGH, J.—The writ petitioners, who were defendants in a revenue suit, by this writ petition, challenge the legality of the judgment of the Revenue Board dated 16th November, 1952 by which the Board held that the suit filed by the respondents Nos. 2 to 10 was triable by a revenue court and accordingly it reversed the order of the first court for returning the plaint. The writ petition thus raises a short question whether the present suit was triable by a revenue court. We may outline the relevant facts —

The defendants petitioners, who were residents of village Satlana in Jodhpur. district, were introduced as tenants of Khasras Nos. 764, 779, 806, 808 and 811 by the then Jagirdar of Ahore and had started cultivating them in Smt. 2012. Respondents No. 2 to 10 who were the villagers claimed that the Khasras in question formed part of the pasture land of the village, wherein the villagers had customary right for grazing their cattle from times immemorial. Accordingly they filed a suit on 22nd July, 1957 in the court of Assistant Collector, Jodhpur for a declaration that the disputed Khasras formed part of the pasture land of the village and they also asked for an injunction to rest

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