GHINSA Vs. RAMBULSINGH

JUDGEMENT

(1.) SHRI Shyam Lal 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 31. 10. 52 refusing to grant protection to the applicant under sec. 7 of the Ordinance.

(2.) WE have heard the parties and have examined the record carefully. The case has been disposed of by the lower court on the ground that the opposite party is a discharged military personnel and hence in accordance with the terms of the Government Notification No. F. 1 (4) Rev-J/51, dated Jaipur, the 11th January, 1951, the provisions of the Ordinance are not applicable to the case. The applicant's contention is that the opposite party had (in exercise of this right) ejected a tenant once and thereafter another tenant (applicant) was put in possession of the land by him. Therefore, he can seek protection under the Ordinance. The contention of the opposite party is that the exemption granted to him by the Notification referred to above is always available for him.