BHONRI LAL Vs. HABRA SPO ONKAR

JUDGEMENT

(1.) THESE two second appeals raised the same point of law and have been preferred against the judgment and decree of the Additional Commissioner No. 1, Jaipur dated 17. 3. 60 and 25. 5. 60 and therefore this single order disposes of both these appeals.

(2.) BRIEFLY, the facts of the case are that the appellants are the khatedar tenants of Khasra Nos. 1289,1307, 1318 and 1309 consisting of 4 bighas and 15 biswas known as Badwali well situated in village Lalsot. It is alleged by the plaintiff appellants that this land was let out to the defendants respondents for one year in Smt. 2013 which holding the defendant surrendered in Smt. 2014 to the appellants, but in the same year at the time of Kharif cultivation the respondents forcibly occupied the land. They should be ejected. The respondents denied the forcible possession of the land in dispute but claimed that they were tenants of the holding in dispute for a long time. The Assistant Collector, Dausa tried the suit and rejected it on the ground that the plea of surrender alleged by the appellants was false and the respondents were in possession of the holding as tenants. In appeal before the first appellate Court the appellant's application for grant of relief under Sec. 209 of the Rajasthan Tenancy Act (hereinafter called the Act) was disallowed and the appeal was rejected, hence the second appeal.