VISHWESHWAR DAYAL Vs. MADHO SINGH

JUDGEMENT

(1.) THIS reference has been received from the Collector Sirohi seeking clarification as to how the proviso to sec. 19 sub-sec. (1) of the Rajasthan Tenancy Act could be given effect to by the Tehsildar without inviting objections in respect of lands about which he thinks Khatedari rights should accrue to a sub tenant on the basis of entries in the annual register now that rules 3 to 11 of Tenancy (Board of Revenue) Rules, 1955 for giving effect to Khatedari rights have been "deleted".

(2.) BRIEFLY, the facts are that the respondents had applied to the Tehsildar for grant of Khatedari rights to them in accordance with sec. 19 sub-sec. (1) of the Rajasthan Tenancy Act. The Tehsildar having accepted the application of respondents, Vishweshwar Dayal appellant filed an appeal before the Collector and urged that it was incumbent on the Tehsildar to make an enquiry to ascertain that the land in question was not held from any of the persons enumerated in sec. 46 of the Tenancy Act. The Tehsildar having failed to do so it was argued by the learned counsel for the appellant, that the rights of the appellant had been prejudiced as he claimed the benefit of the proviso under sec. 19. On the other hand, it was argued on behalf of the applicants respondents that the rules 3 to 11 having been amended vide Notification No. 11089 Rev. B. dated 5. 9. 1950, Gazette IV-C l0. 12. 1959, it was not now necessary for the Tehsildar to make an enquiry before accepting the claim of a subtenant under sec. 19 of the Rajasthan Tenancy Act.