SHYAM SWARUP Vs. KANWARI

JUDGEMENT

(1.) THIS is a revision preferred under sec. 187 of the Ajmer Tenancy and Land Records Act (No. 42 of 1950) hereinafter referred to as the Act, against an order of the learned Collector, Ajmer dated 8. 7. 58.

(2.) THE facts of the case in brief are that the applicant preferred an application under sec. 104 of the Act to eject the opposite party from the disputed land. THE learned S. D. O. Kekri after framing necessary issues and recording the evidence of the parties accepted the application and ordered the ejectment along with damages. In confirmation proceedings taken under the appropriate provisions of the Act the learned Collector Ajmer, however, vide his order dated 8th July 1958 withheld the confirmation of the order of the learned S. D. O. and remanded the case to him for trial in accordance with the directions given by him. THE observations of the learned Collector are: - "it seems to me that under this section any person may apply for the ejectment of "a person other than a land-holder mentioned in sec. 102, taking or retaining possession of a plot of land otherwise than in accordance with the provisions of this Act" and such a person would be liable to ejectment. THE question for determination in an application under sec. 104 would, therefore, be the liability of the trespasser for ejectment and it is this liability to ejectment which should be tried. THE learned S. D. O. , instead of trying the liability of ejectment of the opposite party Smti. Kanwari, tried to find out whether the applicant had possession over the land or whether he was dispossessed by Smt. Kanwri. As I have already stated that law has laid no qualifications for a person, making an application u/s. 104 it is not the merits of the applicant which are to be tried. What is to be found and determined is whether the opposite party is liable to ejectment and issues should be clearly framed to arrive at a conclusion in this regard. "