NAND SINGH Vs. RAJASTHAN REVENUE BOARD

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India of one Nandsingh whose application for restoration of possession was rejected by the Sub-Divisional Officer Kotah, on the 27th of July, 1950 and whose revision application was also dismissed by the Board of Revenue for Rajasthan on the 19th of January, 1951. It is alleged by the petitioner that two plots of land, one measuring 103 bighas and the other 25 bighas were leased to him by Thikana Kherli Tanwran for a period of three years and on the termination of the period of lease the Jagirdar of Thikana Kherli dispossessed the petitioner from a portion of his land and gave possession thereof to other tenants. The petitioner claimed protection under the Tenants' Protection Ordinance and applied to the Sub-Divisional Officer, Kotah, for reinstatement. It was held by the Sub-Divisional Officer and also by the Board of Revenue that as the petitioner was not in cultivatory possession of a portion of the disputed lands in Smt. year 2006, when he is said to have been dispossessed, he was not entitled to claim any protection under the provisions of sec. 7 of the Rajasthan Tenants Protection Ordinance.

(2.) IN this application it has been contended on behalf of the petitioner, that both the Sub-Divisional Officer Kotah, and the Board of Revenue for Rajasthan have failed to exercise a jurisdiction vested in them under the Tenants Protection Ordinance in disallowing the petition of the petitioner for reinstatement. It is claimed that it was the duty of the Sub-Divisional Officer and the Rajasthan Revenue Board to have reinstated the petitioner on the land from which he was dispossessed by his landlord, when the petitioner fulfilled the requirements of section 7 of the Tenants Protection Ordinance.

(3.) THIS application is, therefore, allowed and the judgment of the Rajasthan Revenue Board is set aside and the Rajasthan Revenue Board is directed to decide the case according to law and to give protection to the petitioner under sec. 7 of the Tenants Protection Ordinance, in case, its findings are in favour of the petitioner on the two points which are the essential ingredients of sec. 7 of the Tenants Protection Ordinance viz. , the occupation of land by the tenant on the 1st day of April 1948 and his subsequent ejectment or dispossession within three months of the date of the petition. .