RICHHPAL Vs. MOTI

JUDGEMENT

(1.) THIS is an application in (revision filed against the order of the Anti Ejectment Officer,sikar, dated 26. 7. 1952 reinstating the opposite party, Moti on the disputed land under sec. 7 (2) of the Rajasthan (Protection of Tenants) Ordinance.

(2.) BHINWAN was the tenant of field Nos. 522 and 527, area bighas 21-15, as admitted by the applicant who is the land holder and as recorded in the Khasra Girdawar of village Dantru, tehsil Fatehpur (District Sikar) for the St. year 2008. Before his death he gave an application dated Mangsar Budi 1, Sambat 2008 (Surrender deed) to the applicant, land holder, surrendering the land in favour of the applicant with the stipulation that in case of his survival from illness the land would be restored to him (BHINWAN) and he (BHINWAN) would repay the debt which he owed to the applicant. Moti, the opposite party, applied to the Anti Ejectment Officer on 10. 7. 1952 for reinstatement on the land under sec. 7 (2) of the Rajasthan (Protection of Tenants) Ordinance as he, along with his elder brother BHINWAN who had died, had been the tenant and had been dispossessed of it by the applicant land holder. He claimed to be the adopted son of Shobha, the father of BHINWAN deceased. The trial court held that Moti was the tenant of the land and had been dispossessed of it, and ordered his reinstatement.