NARAYAN SINGH Vs. BEERBAL

JUDGEMENT

(1.) THIS is an appeal under sec. 224 of the Rajasthan Tenancy Act, against the Revenue Appellate Authority, Kotah, by which he set aside the judgment of the Sub-Divisional Officer, Bharatpur dated 31-3-1967 decreeing the suit of the present appellant for declaration and redemption. The appellant had filed the suit chiming that the land in question (7 khasra numbers measuring in all 16 bighas 13 biswas) was his khudkasht, that he had mortgaged it to the respondents in Samvat 2007 for 10 years, for a sum of Rs. 500/-, but that the respondents refused to return the land to him on the expiry of the period The case of the respondents (defendants in the suit) was that they were in cultivatory possession of the land by virtue of a Patta by the appellant (plaintiff in the suit ). The relationship between them was that of landlord and tenant. They had in due course been entered [in the records as khatedar tenants and could not be declared as trespasser and ejected.

(2.) LEARNED counsel for the appellant attacked the judgment of the R. A. A. as not being a proper judgment in the eye of law, as it was in total disregard of the mandatory provisions of O. 41 R. 31 of the Civil Procedure Code and judicial pronouncements laying down the essential requirements for judgments of lower appellate courts. He cited the following rulings in support: Rajasthan High Court - (i) Radhabai vs. Parasram (1961 RLW 627), (ii) Dhanraj vs. Hirachand (1963 RLW 316), Rajasthan Board of Revenue - (i) Govt. of Rajasthan vs. Khumansingh (1958 RRD 222), (ii) Mana vs. Roopa (1962 RRD 183), (iii) Pusha vs. Pusha (1962 RRD 282), (iv) Mavasi vs. Balwant (1964 RRD 139), (v) Kesa vs. Dhana (1964 RRD 290), (vi) Shivbux vs. Bhanwar Kanwar (1965 RRD 242), (vii) Moti Shankar vs. Ganeshlal (1969 RRD 213 ).