NANDA Vs. BIRDHI

JUDGEMENT

(1.) THE revision petition challenges the order of the learned Collector, Jhalawar, dated 3 -8 -63 whereby he accepted the appeal of the opposite party Smt. Birdhi and set aside the order of the Tehsildar conferring khatedari rights on the petitioner under section 19 of the Rajasthan Tenancy Act.

(2.) BRIEFLY , the facts of this case are that the Tehsildar, Jhalrapatan, conferred khatedari rights on the petitioner Nanda u/s 19 of the Rajasthan Tenancy Act. The case was transferred to his court by the Panchayat concerned for effecting mutaion. Between the same parties the Assistant Collector, Jhalawar, had also decided a suit for ejectment under section 183 of the Rajasthan Tenancy Act filed by Smt. Birdhi. The Assistant Collector had decreed the suit on the payment of an amount of Rs. 2500 by Smt. Birdhi to the defendant Nanda It had been held by the Assistant Collector that Smt. Birdhi had borrowed this amount as a loan from Shri Nanda and on repayment of this loan Shri Nanda should deliver possession of the entire suit land.

(3.) THE Collectors order has been assailed on the following grounds - -