CHAND MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Public Prosecutor on behalf of the State.

(2.) THE petitioner's case is that Pannalal, a member of the Scheduled Tribe, Bheel by caste, was taken as 'pantidar' on the petitioner's field, situated in village Telni. Under the terms of agreement he was to cultivate the land for two years and get 50% of the produce. Twenty five quintals of wheat was produced during the first year. On different dates in the month of April, 1982, entire quantity of wheat, viz. , 25 quintals, was shifted to the house of the accused in Eklera town. Pannalal demanded from the petitioner his share in the agricultural produce taken by the accused. THE case of the complainant is that under false pretext the landlord postponed delivering the share, but later on he flatly refused to do so. Petitioner's case is that 25 quintals of wheat, produced in the field, cultivated by Pannalal, had been stored in the house of the accused, but 50% of the grain had not been given to him, as some amount had been due from Pannalal and the same had been adjusted towards such dues. It is urged that Pannalal gave a notice to the petitioner to deliver 50% of the food-grain, but he refused to fulfil his obligation and gave the land for cultivation to some other person.