DEVI SINGH Vs. MEHRA

JUDGEMENT

(1.) THIS is a revision application under sec. 10(2) of the Rajasthan (Protection of Tenants) Ordinance, 1949, against an order of the Assistant Collector, Barmer, dated 11.12.53 granting protection to the opposite party under sec. 7 of the Ordinance.

(2.) THE opposite party did not put in appearance dispite notice and hence the case was heard ex parte. On going through the record, we have no hesitation in observing that the learned Assistant Collector has omitted to examine the relevant provisions of law on the subject. As laid down in sec. 7 of the Ordinance reinstatement can be ordered only where dispossession is alleged to have taken place within three months next prior to the presentation of the application for reinstatement. THE opposite party was, therefore, bound to prove for purposes of reinstatement under sec. 7 of the Ordinance that he was dispossessed within three months. THE evidence led by the opposite party itself shows that he had been out of possession since a year or more. One of his witnesses, Shri Dungra, had stated that in the year previous to the year of application the Jagirdar was in possession and that the opposite party was out of possession. Similarly, his other witness Santa, has stated that the opposite party had never been in possession of this land in dispute during the last 15 or 20 years and that it has ever since been in the cultivation of the Jagirdar. THE receipts produced by the opposite party are not of much value for the obvious reason that they do not relate to the year immediately preceding the year of alleged dispossession. THE onus of establishing the case as stated in the application rested heavily on the opposite party. THE evidence led by the opposite party to every great extent demolishes his case instead of substantiating it. THE findings arrived at by the lower court are, therefore, manifestly absurd. We would, therefore, allow this revision, set aside the order of the lower court, and direct that the application for reinstatement presented before it shall stand rejected.