AMRA Vs. RADHA

JUDGEMENT

(1.) THIS is a revision under Sec. 26 of the Rajasthan Revenue Courts (Procedure and jurisdiction) Act, 1951, against an appellate order of the Additional Settlement Commissioner, Rajasthan, Jaipur dated 31.3.54 in a case relating to entries in parcha chakbandi.

(2.) WE have heard the parties and have gone through the record as well. The learned Additional Settlement Commissioner has evidently ignored the relevant provisions of law on subject while deciding this case and has consequently fallen into grave error. Sec. 8 of the Jaipur, Tenancy Act lays down that every person who is, after the commencement of the Act, duly admitted as a tenant otherwise than as a pattedar tenant or sub -tenant shall be a khatedar tenant and shall be entitled to receive a formal parcha at the time of settlement. It is an admitted fact that the applicants were admitted to tenancy over the land in dispute 4 or 5 years ago. The only contention put forth by the learned counsel for the opposite party is that the applicants possession was in the nature of an ijaradar and hence no tenancy rights can accrue in their favour. The term ijaradar has been loosely used in this connection. Strictly speaking ijara means a lease for the collection of rents as defined in Sec. 95 of the Act. Here the term ijara is used as being equivalent to a fixed amount of rent. Hence the applicants cannot be denied the status of tenants as they have been themselves cultivating the land without confining themselves merely to the collection of rent. The learned Additional Settlement Commissioner has argued that as the applicants have no title to the well in question, they cannot be granted any khatedari right in the land commanded by the well. We fail to appreciate the logic behind this argument. Ownership or property rights in well can evidently be with one person and the khatedari rights in the land can remain with the other. We would, therefore, allow this revision, set aside the order of the Additional Settlement Commissioner and restore that of the Settlement Officer.