POKHRA Vs. NARAINI

JUDGEMENT

(1.) THIS revision petition has arisen from an order of the Anti-Ejectment Officer, Sikar dated 19. 8. 0952 restoring the opposite party to the possession of the disputed land.

(2.) THE opposite party Mst. Naraini claims to be the land-holder of 50 bights of land in village Gokulpura, Tehsil Sikar which she alleges to be in her personal cultivation. This land is half of the area held in Bhog of a temple, the remaining half being held by the brother of the opposite party's husband, Ram Kanwar. Last year, an area of 16 bighas out of the disputed land was cultivated by Jodha, brother of the applicant and non-applicant in the lower court, without the opposite party's consent and at the alleged instigation of Ram Kanwar But Jodha restored the area to the opposite party by a mutual agreement under which the former was , compensated by the latter for the expenses incurred in the cultivation. This year the applicant cultivated the land on 30. 6. 1952 and the opposite party alleging herself to be thus dispossessed moved a petition under sec. 7 (2) of the Rajasthan (Protection of Tenants) Ordinance, before the Anti-Ejectment Officer on 2. 7. 1952. Pokhra applicant alleged in reply that the land belonged to Ram Kanwar and not to the opposite party and was being cultivated by him as a tenant of Ram Kanwar to whom he was paying rent. THE learned Anti-Ejectment Officer reinstated Mst. Naraini, the opposite party.