VIRENDRA KUMAR Vs. GOPAL

JUDGEMENT

(1.) THIS is an appeal against the appellate order of the learned Commissioner, Kota dated 15. 7. 59 whereby he reversed the order of the learned Sub-Divisional Officer, Ramganj-mandi dated 26. 6. 58.

(2.) THIS case has had a chequered history. Briefly, the facts are that on 12. 7. 54 Gopal respondent submitted an application in the Court of the learned Sub-Divisional Officer alleging that he was the tenant of the land specified in the application and that he had been wrongfully dispossessed by the appellants and respondents 2 to 5 in this appeal. He prayed u/s 7 of the Rajasthan Protection of Tenants Ordinance (hereinafter referred to as the Ordinance) that he should be reinstated. THIS application was dismissed on 31. 1. 55 by the learned Sub-Divisional Officer. Gopal respondent No. I then moved an application for revision in the Board of Revenue, and the Board on 1. 7. 55 remanded the case for fresh hearing. The Sub-Divisional Officer again dismissed Gopal's application on 26. 6. 59. Against this order Gopal filed an appeal in the Court of the learned Commissioner, which was accepted on 15. 7. 59. A preliminary objection was raised on behalf of Gopal respondent that in this case a second appeal is not competent. The objection was upheld and this appeal has been treated as a revision.