KANARAM Vs. BAG SINGH

JUDGEMENT

(1.) THIS is a revision under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance, 1954, against an order of the A. E. O. , Sikar, Jhunjhunu, dated 21-5-54 refusing protection to the applicant under sec. 7 of the Ordinance.

(2.) WE have heard the learned counsel appearing for the parties and have gone through the record as well. The applicant claimed reinstatement over the land in dispute known as Kanawala alias Kumharwala measuring45 bighas kham with the allegations that he had been cultivating the same since long, that in Svt. 2010 the opposite party Bagh Singh initiated false proceedings under sec. Cr. P. C. and got the filed attached on 22-6-53 that the entry in khasra kunt of Svt. 2009 stands in his favour and as the attachment amounted to a wrongful dispossession, reinstatement may be granted in favour of the applicant. This application was presented before the lower court on 10-8-53, On 12-12-53 the applicant presented a further application alleging that 145 Cr. P. C. proceeding terminated on 11-11-53 whereby the attachment was removed but that on 29-11-53 Bagh Singh opposite party, took over wrongful possession of the land. The applicant, therefore, prayed that the cause of action may under the circumstances be deemed to have accrued on 29-11-53. The claim was resisted on the ground that Bagh Singh opposite party had been in continuous possession of the land, that the applicant had never been in possession of the same, that the applicant got the entries Khasra Kunt made surreptitiously and that the attachment by a criminal court did not amount to wrongful dispossession of the applicant. The trial court after recording the evidence of the parties rejected the application and hence this revision.