BHERU Vs. KALU

JUDGEMENT

(1.) The petitioners have brought this revision application against the order of the Additional Collector, Jaipur dated the 21st October, 1961 passed in appeal against the order of the Tehsildar, Chaksu in proceedings under sec. 19 of the Rajasthan Tenancy Act.

(2.) Before the hearing of this revision petition started a preliminary objection was raised by the counsel for the respondent that this revision petition was not maintainable on the ground that some respondents who were parties in these proceedings before the trial Court were not made parties in the first appellate Court nor in this Court of Revision. The counsel for the petitioner even filed an application and expressed his readiness to make the respondents as party to the proceedings, but in view of the fact that this was a revision petition and only a question of a law has to be decided which does not affect the rights of the parties who have not joined in these proceedings no useful purpose could be served by making such persons party to these proceedings at this juncture. The Court of revision has inherent power to call for the record of the subordinate court to test the legality or propriety of the order, care being taken to see that no order passed in favour of a person is to be reversed without giving that person an opportunity of being heard. Therefore, the objection of the respondents was over -ruled and this revision petition has been heard.

(3.) The facts are that the petitioners filed an application under sec. 19, sub -sec. 1(a) before the Tehsildar Chaksu that they were the sub -tenants of the land in dispute and they should be given Khatedari rights. The Tehsildar and the first appellate Court rejected the petitioners application, hence this revision.