JOD SINGH Vs. PUNAM CHAND

JUDGEMENT

(1.) THIS revision petition by Shri Jodh Singh is directed against the order passed by the Sub-divisional Officer, Udaipur dated 15. 12. 60 and the Revenue Appellate Authority, Udaipur, dated 6. 1. 62 under sec. 80 of the Rajasthan Tenancy Act, 1955.

(2.) FACTS are that Shri Punam Chand and others petitioner-respondents filed an application under sec. 20 of the Rajasthan Tenancy Act before the Sub-Divisional Officer, Udaipur for payment of compensation of some 57 mango trees situated on the holding of the petitioners Khudkasht land. The respondents claimed that these mango trees were mortgaged to them by the petitioner by the mortgaged deed in the year 1945 and then by a second mortgage in 1951. Thereafter they were sold to the respondents by a sale deed dated 2. 1. 57 for Rs. 4,400/- which included the repayment of the previous mortgage amount. The petitioner denied the execution of the document and pleaded alternatively that as the sale was made long after the coming into force of the Rajasthan Tenancy Act, 1955, the provisions of sec. 82 were attracted and the sale was invalid. The Sub-Divisional Officer, Udaipur awarded Rs. 4,400/-compensation to the respondent in these mango trees and the Revenue Appellate Authority confirmed this decision.