DAL SINGH Vs. JAI SINGH

JUDGEMENT

(1.) THIS is a revision under sec. 230 Rajasthan Tenancy Act, 1955, preferred by the defendants in a suit for possession over agricultural land, whose prayer for the permission of the amendment of their written statement granted by the trial court (Assistant Collector Udaipur) has been turned down in appeal by the learned Commissioner Udaipur on 1. 3. 60.

(2.) IT has been urged by Shri Gorwara on behalf of the applicant-defentdants that the suit had been going on for about 13 years and that in the meanwhile as a result of legislative changes they had acquired Khatedari as well as prescriptive rights over the disputed land and therefore wanted to amend their defence to one based on these grounds from that, that the sale in favour of the plaintiffs-opposite party was not valid, which fact had also been decided since against them in a separate civil suit by the competent civil courts right upto the High Court. The contention is that the learned Commissioner has committed an illegality by dis-allowing the amendment as such. This has been rejected on behalf of the plaintiff-opposite party by Shri Bapna with the contention that the matter being not "a case decided in which no appeal lies" to the Board this revision is incompetent.