KISHEN SINGH Vs. DUNGARIA AND KARINGA

JUDGEMENT

(1.) This is an application for revising the order of the learned District Judge, Rajsamand, dated 21st of July 1949.

(2.) A suit for the possession of some agricultural land was brought by the applicant Kishen Singh against the non-applicants Dungaria and Karinga, in the Court of the Munsiff Nathdwara, and a decree for possession of said land was passed in favour of the plaintiff. The defendants, who are non-applicants in the present revision, filed an appeal against the judgment and decree of the Munsiff, in the Court of the District Judge, Rajsamand, which Court is defunct now. On the 21st of July 1949, this appeal came up for hearing before the learned District Judge. During the course of the arguments, a point was raised by the learned counsel for the appellants, that the appeal cannot proceed further under Section 5 of the Rajasthan Ordinance No. 9 of 1949. The learned District Judge passed stay order in the appeal and consigned the file of the appeal to record room.

(3.) Ordinance No. 9 of 1949 provides for the protection of tenants from ejectment from their holdings by their landlords. The relevant portions of Sections 4, 5 and 6 of the Ordinance run as follows : 'Section 4.' Tenants not liable to ejectment :