GOVIND NARAIN Vs. MADAN MOHAN

JUDGEMENT

(1.) THIS revision has been filed against the appellate order of the Additional Collector, Jaipur dated 27. 11. 58 confirming the original order of the Tehsildar Jaipur dated 18. 8. 58, whereby the auction sale of the mango trees belonging to the applicant and standing in his agricultural land was sanctioned in favour of the opposite party No. 2 in execution of a decree of arrears of rent passed in favour of the opposite party No. 1.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. WE feel constrained to observe that both the lower courts grievously omitted to examine the law applicable to the case. At one stage of the proceedings the Tehsildar had himself realised that the manner in which the mango trees were being put to auction was unwarranted in law and he demanded a report from the Naib Tehsildar on the point. But strangely enough, on the Naib Tehsildar's pointing out that the proposed action was justified on the basis of the usage obtaining in that locality the Tehsildar without looking any further into the matter accepted the opinion expressed by the Naib Tehsildar. This attitude of evading proper appreciation of law and facts applicable to the case cannot be too severely criticised.