PANNA Vs. MOOLCHAND

JUDGEMENT

(1.) THIS appeal under sec. 224, Rajasthan Tenancy Act has been filed on 21-1-71, against the decree and judgment of the Revenue Appellate Authority, Jaipur bearing the date 30-12-70. Mool Chand and Jagdish, to be hereafter called the respondents filed an application under sec. 20, Rajasthan Tenancy Act for compensation on the allegation that Panna the present appellant, to be hereafter called the appellant, was the respondents' sub tenant as held by the learned Additional Commissioner, Jaipur in the judgment pronounced on 25-2-59, and had acquired khatedari rights in this land depriving the respondents of their khatedari rights. The respondents claimed Rs. 2,068. 24 as compensation for their khatedari rights in respect of the land of which the appellant was a sub-tenant. The application was filed in the Court of Sub-Division Officer, Neem-ka-thanna. The learned S. D. O. after recording evidence and hearing the parties decreed the respondent's claim. The appellant aggrieved by the above order preferred an appeal in the Court of the Revenue Appellate Authority, Jaipur and the learned Revenue Appellate Authority holding, like the learned S. D. O. , that the requirements of S. 20 made out, upheld the orders of the court of first instance and dismissed the appeal. The appellant has, therefore, come in this second appeal.

(2.) WE have heard learned counsel for the parties and examined the record. The judgments of the lawer Courts have been attacked before us on the ground that there was no case for award of compensation under sec. 20 because the respondent was not a khatedar tenant and because khatedari rights had not accrued to the appellant on the ground of his being a sub-tenant.