KESRILAL Vs. MATHURALAL

JUDGEMENT

(1.) THIS revision application arises out of the order of the S. D. O. Kotah dated the 8th November, 1954 by which he rejected the application of the revisionist for giving him protection under sec. 7 of the R. P. T. O.

(2.) PUT briefly the facts of the case are that Kesri Lal the applicant filed an application before the S. D. O. Kotah against Mathura Lal, the non applicant, in which he stated that he had been cultivating a holding measuring about 60 bighas in village Dadwana as a Zaili of the applicant's maternal grand mother who was a recorded khatedar. She having died Mathura Lal the opposite party contested mutation in court of the S. D. O. and challenged the title of Kesri Lal as an heir of the deceased khatedar. I hat case was decided sometime back on the basis of a compromise and a decree was given by the court in terms of that compromise by which both the parties were to get their due shares in the holding of the deceased The applicant who had been cultivating some of this land and was recorded as a Zaili of the deceased in Svt. years 2007 to 2009 was forcibly evicted by the opposite party. He, therefore, prayed that he should be re-instated on the land from which he was thus forcibly ejected by the opposite party. In his written statement, the non-applicant stated that both the parties contested succession to the holding of the deceased woman and ultimately by an order of the court their shares were decreed and each one of them was declared as owner of his share and in consequence of this he took possession over the land in dispute. The trial court after recording • some evidence observed that the applicant failed to establish that he was a tenant of the non applicant and that he cultivated this land as such. It, therefore, held that since there was no relationship of a land-lord and a tenant between the parties, the applicant could not gel: any relief under sec. 7 of the Rajasthan Protection of Tenants Ordinance which was applicable only to case between a tenant and a land lord.