GAURILAL Vs. RAMESHWER

JUDGEMENT

(1.) THIS revision application is directed against the order of Collector, Sikar, dated the 8th October, 1963 whereby he accepted an appeal against the order of Tehsil-dar, Fatehpur dated the 26th November, 1962 and remanded the case to the Gram Panchayat for local enquiry and disposal according to the provisions of sec. 251 of the Rajasthan Tenancy Act, 1955 with the observation that it was mandatory for the Tehsildar to conduct a local enquiry in order to ascertain the previous custom in a case under sec. 251 of the Rajasthan Tenancy Act. It was averred in the application for revision that local enquiry was not contemplated according to the new amendment. Instead, a summary enquiry was required by law which it was pleaded, had been duly conducted by the learned trial Court. It was stated that the learned appellate Court had not considered the amendment and thus the order of the learned lower Court was against law. It was further stated that as the learned appellate Court had wrongly enjoined upon the trial Court to consider the previous custom by making a local enquiry it had exercised jurisdiction not vested in it by law.

(2.) I have heard the counsel for the applicant as well as the opposite party and have examined the record.