MANGAL Vs. MULA

JUDGEMENT

(1.) THIS is an application under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance, No. IX of 1949, against an order of the S. D.O. Bayana dated 22.8.1950 by which he rejected the application presented before him under sec. 7 of the Ordinance for reinstatement of the applicant upon the land in dispute.

(2.) THE contention of the petitioner is that he held khasra numbers 40, 41, 42, 43, 51 and 54, area 19 bighas 9 biswas on a patta from the non - applicants for 8 years beginning from St. 2002. The non -applicants dispossessed him from this land on 30th June, 1950 and he was, therefore, entitled to be re -instated and the S. D. O. had erred in rejecting his application for re -instatement on the ground that he had voluntarily relinquished the land.

(3.) THE plea of voluntary relinquishment should be examined very carefully. In these days tenants do not ordinarily relinquish land which is in their possession. In this case the land was held on a patta for 8 years and the period had not expired. No reason has been shown why the tenant should have relinquished the land before the expiry of the period of the patta. Mere oral evidence is not sufficient to support such a plea of voluntary relinquishment and the S. D. O. should not have accepted such a plea even if the applicant did not produce any evidence in rebuttal. The burden of proof lay heavily upon the non -applicant and unless it was fully discharged the absence of evidence of the applicant was not material.