GHINSA Vs. FATEH SINGH

JUDGEMENT

(1.) THIS is an application in revision under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance, 1949 against an order of the S. D. O. , Behror, dated 28. 1. 52 refusing to grant protection to the applicants under sec. 7 of the Ordinance.

(2.) WE nave heard the parties and have examined the record as well. The judgment of the lower court is based solely on the ground that the land in dispute belongs to a body of persons one of whom is a discharged military personal and hence the provisions of the Ordinance are inapplicable to the case. The Notification relied upon by the lower court is as follows : - "no. F. 1 (4) Revi. 51. Jaipur, January 11, 1951 - In exercise of the power conferred by sec. 15 of the Rajasthan (Protection of Tenants) Ordinance, 1949 (No. IX of 1919) the Government of Rajasthan is pleased to exempt the following land from the provision of the said Ordinance, namely - (1) Land belonging to persons who are in Military employment of the Government, or (2) Land belonging to persons who are discharged from Military employment of the Government after the coming into force of the said Ordinance.