JAWARILAL Vs. MEGHA

JUDGEMENT

(1.) This is a revision against the order of the Revenue Appellate Authority, Jaipur dated 21 -3 -1966, whereby he rejected the appeal of the applicant against the judgment and the decree of the S. D. O. Beawar dated 7 -5 -65 dismissing the suit of the applicant -plaintiff u/s 175 of the Rajasthan Tenancy Act.

(2.) A preliminary objection has been raised by the learned counsel for the non -applicant that this application is not maintainable as u/s 175(4) when an application is contested, it has to be treated like a suit and that no revision is maintainable against an appellate order passed against a decree. In support of this contention he relies on Harla vs. State (1966 RRD 6), wherein it was held that, by virtue of the provisions of sub sec. (4) of sec. 175 of the Rajasthan Tenancy Act, 1955, an application for ejectment which is contested is treated as a suit and the result is a decree. Under the Tenancy Act, a second appeal lies to this Board against decrees, and that being the position, a revision is not competent.

(3.) In reply, the learned counsel for the applicant has argued that in this case a decree was not framed and, therefore this authority is not applicable. He seeks reliance on the rule laid down by the Supreme Court in Jagat Dhish vs. Jawaharlal (AIR 1961 S.C. 832), and argues that for the failure of the trial court to frame a decree, the applicant should not be penalised.