MALA Vs. BHEDA

JUDGEMENT

(1.) THIS is an application in revision against the order of the Sub-Divisional Officer, Ejectment, Sikar dated 30. 10. 1952 whereby he reinstated the opposite party on the disputed land under sec. 7 (2) of the Rajasthan (Protection of Tenants) Ordinance, 1949.

(2.) BHEBA Jat, the opposite party who alleges himself to be the sub-tenant of Mst. Daldi applicant for the last three years including the preceding year Svt. 2009, complained to the S. D. O. Ejectment Sikar on 8. 9. 52 that the had been dispossessed from the disputed land, measuring bighas 29-10 pukhta situated in village Dinarpur, Tehsil Fatehpur, by Mala applicant and prayed for reinstatement. In support of his possession in Svt. 2008 he produced an extract from Khasra Girdawari of village Dinarpura in which the disputed land, field Nos. 44,45, area bighas 8-5 and bighas 21 respectively, were recorded in the khatedari of Hanuta the deceased husband of Mst. Deldi applicant and BHEBA the opposite party was recorded as sub-tenant. The applicants adduced evidence to show that the dispute land belonged to Mala who had mortgaged it to Hanuta the husband of Mst. Daldi, that Hanuta got a parcha 'khatedari of the land in his favour, that the applicant Mala regained possession of the land from Mst. Daldi applicant on redemption of the debt, that the land has been in cultivation of Mst. Daldi and the opposite party pad in collusion with the patwari got false entries made as sub-tenant. The learned lower court came to the conclusion that the actual cultivating possession during the last year was held by the opposite party and that Mala Bhat applicant had no right to dispossess the actual cultivator on his own account. He, therefore,ordered the opposite party to be restored to possession.