RAMRICHPAL MANSINGHKA Vs. KASIM NILGAR

JUDGEMENT

(1.) THESE eight applications have been filed under sec. 187 of the Ajmer Tenancy and Land Reforms Act, 1950 (hereinafter referred to as the Ajmer Act ). The applicant is common in all these eight cases whereas the opposite party is different in each case. But all these cases hinge on the same facts and points of law and are therefore being disposed of together by this order.

(2.) THE facts briefly are that Ramrichpal, the applicant in all these eight cases filed applications u/sec. 104 of the Ajmer Act against the opposite parties claiming that he had obtained the lands in dispute on lease under the orders of the Chief Commissioner, that he was the Bhooswami and occupancy tenant and that the opposite parties had without his consent cultivated the land some time in 1953. He prayed for the ejectment of the opposite parties. THE opposite party in each case denied the allegations of the applicant and claimed to have come into possession with the consent of the Istamrardar. Under sec. 104 of the Ajmer Act, which was then in force, any person taking or retaining possession of land otherwise than in accordance with the provisions of this Act was liable to ejectment and also to pay damages on an application made to the Sub-Divisional Officer. THE applications for ejectment were dismissed by the Sub-Divisional Officer, Kekri, on 9. 9. 1959 and decrees of dismissal framed. Aggrieved by these decrees the applicant moved the Sub-Divisional Officer on. 29. 9. 59 to submit the record of the cases to the Collector for confirmation in accordance with the provisions of sec. 182 of the Ajmer Act. THE cases came up for hearing by the learned Additional Collector, Ajmer who purported to confirm the orders passed by the learned Sub-Divisional Officer. It may be stated here that the Ajmer Act was repealed under the Rajasthan Revenue Laws (Extension) Act, 1957, the repeal having become effective from 15. 6. 58. On the same date the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Rajasthan Act) came into force. It is common ground between the parties that from 15. 6. 1958 the applications made under sec. 104 of the Ajmer Act had to be heard and decided in accordance with the provisions of sec. 183 of the Rajasthan Act. THEre is also the authority of a Division Bench of this Board cited as R. R. D. 1961, P. 215 to this effect. Sec. 206 of the Rajasthan Act says that all cases relating to matters dealt with in the Rajasthan Act and pending on the coming into force of this Act shall be deemed to have commenced under this Act and shall be tried, heard and determined in the manner prescribed by or in this Act. THE ejectment of unauthorised persons is a matter provided for in sec. 183 of the Rajasthan Act. THErefore the applications for ejectment that had been brought by the present applicant for revision in the Court of the Sub-Divisional Officer, Kekri, which had remained pending on 15. 6. 1958 had to be determined in the manner prescribed under the Rajasthan Act. In other words from 15. 6. 58 these applications were to take their subsequent course according to the procedure laid down by or in the Rajasthan Act.