BIRDA Vs. PIARCHAND

JUDGEMENT

(1.) THIS is a revision application against the order of the Sub-Divisional Officer, Chechat dated 8. 1. 53 and that of the Divisional Commissioner, Kotah of 4. 5. 53.

(2.) THE circumstances which have given rise to this revision application are that the non-applicants, Piarchand, Nandlal and Kanahiyalal filed a suit for ejectment against the applicant Birdha and Shri Ram, in the court of the Sub-Divisional Officer Chechat stating that holdings No. 762/474 and 476 measuring 4 bighas and 4 biswas in village Hingonia in tehsil Kanbas was of their khata and that they had given it for cultivation for 11 years to the applicants. Since the applicant bad refused to surrender possession of the holdings, a decree for ejectment from the holdings in question may be parsed against them. THE original court decreed the suit of ejectment and further ordered that the execution of the decree be stayed so long as the Rajasthan Protection of Tenants Ordinance of 1949 remains in force. THE applicants went in first appeal against this decision to the Divisional Commissioner Kotah who dismissed it on the ground that the order of the Sub-Divisional Officer Chechat was under sec. 5 of the Rajasthan Protection of Tenants Ordinance and hence no appeal could lie to him. It is against this order that this revision has been preferred, and along with revision application a copy of Commissioner's order and also that of Sub-Divisional Officer Chechat have been filed. THE applicants subsequently submitted an application that this revision may be treated as a second appeal.