RAMDEV Vs. RAMPRATAB

JUDGEMENT

(1.) This revision has been preferred against the appellate judgment of the Collector, Tonk dated 24.3.61 by which he has accepted the appeal preferred by the opposite party against the order of the Tehsildar Malpura dated 10.8.60 and amended the right of way allowed to the applicants u/s 251 of the Rajasthan Tenancy Act 1955(hereinafter referred to as the Act) to be confined to only human beings walking on foot, disallowing the same to the passage of bullock -carts, etc.

(2.) The trial court decided the case on 10.8.60 and the first appellate court also on 24.3.61 as stated above. Sec. 251 of the Act had not been amended till then. It is an agreed position between the parties and has been also verified from the record. The amendment came in April, 1961. It would, therefore be Sec. 251 as it stood before its being amended by the Rajasthan Tenancy Amendment Act, 1961 (Act No. XII of 61) that would govern the present case. The section reads as follows: - - "251 - -Rights of way and other private easements: (1) In the event of a dispute arising as to the route by which a holder of land shall have access to his fields otherwise than by the recognised roads, paths, or common land including roads and paths mentioned as such in the settlement records (or as to the waste or pasture lands of the village) or as to the course or source by which he may avail himself of water to which he is entitled from a tank well or other source, the Tehsildar may on application after local enquiry decide the matter with reference to the previous custom in each case and with due regard to the convenience of all parties concerned.

(3.) This will mean that in the event of a dispute arising as to route for access to a field by the holder of a land the Tehsildar will decide the matter after local enquiry with reference to the previous custom in each case and with due regard to the convenience of all parties concerned.