GANGU Vs. DHANNI

JUDGEMENT

(1.) THIS is an application by Gangu and Bhairon under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance No. IX of 1949, against an order of the Anti Ejectment Officer, Jaipur dated 18. 2. 1952 by which he accepted the application presented by Mst. Dhanni under sec. 7 of the Ordinance and ordered her reinstatement on khasra number 639 and 635 in village Malikpur.

(2.) MST. Dhanni applicant is the wife of Ladu and the non-applicants are the sons of Ladu's brothers Sadhu and Ladu. It is contended on behalf of the petitioners Gangu and Bhairon that the land claimed by MST. Dhanni is their joint property and they are entitled to cultivate the same like other kothis which they held jointly. MST. Dhanni did not cultivate the land herself and her son Ghinsia and her grandson Bhomla were alive and they alone could claim this land and MST. Dhanni had no right to file this application. Objection regarding the competence of MST. Dhanni to file this application was raised in their reply given but inspite of this MST. Dhanni did not join her son and her grand son in the application. She, therefore, had been wrongly ordered to be reinstated.