MAGANLAL Vs. NIRBHEYRAM

JUDGEMENT

(1.) THIS is an application under sec. 10 (2) of the Rajasthan Protection of Tenants Ordinance No. IX of 1949 for the revision of the order dated 15. 9. 51 passed by the Assistant Collector, Kotah by which he rejected the application for restoration of possession.

(2.) THE facts of the case in brief are that the non-applicant No. 1 Nirbhey Ram holds in muafi 55 bighas and to biswas of land in village Kesharpur in Tehsil Bigod. He gave the cultivatory right of the field in question to the applicant on receipt of a sum of Rs. 600/ -. THE applicant alleges that this amount was paid by him for obtaining the lease of the field in question, whereas the non-applicant No. 1 says that the amount of Rs. 600/- was received by him as loan and the holding in question was mortgaged to him in lieu of this amount. THE case prior to this was heard in revision by the Board and the members had remanded it with the direction to ascertain certain points from the revenue records and to give decision again. THE Assistant Collector after making enquiries on those points has again upheld his former opinion and dismissed the application. It is against this order that the applicant has come in revision.