RAGHUNATH SINGH Vs. HERBUX

JUDGEMENT

(1.) THIS is a second appeal against an order of the Additional Commissioner, Jaipur dated 27-11-54 in a case regarding ejectment of a trespasser.

(2.) THE appellant Raghunath Singh filed a suit in the court of the Assistant Collector, Rajgarh alleging that he is the owner of the land in dispute and that the respondent had forcibly occupied his land and cultivated it during 1948, 1949 and 1950 during his absence on military service, that in 1951 the respondent voluntarily relinquished the said land and the appellant cultivated it but the respondent subsequently overturned his crop and occupied it forcibly. THE respondent denied the allegation and alleged that he had been in lawful possession as a tenant of the appellant and had never surrendered possession to the appellant. THE S.D.O. held that the respondent was not a trespasser but granted a decree of ejectment on the ground that even as a tenant he was liable, to ejectment. On respondent's appeal against this judgment, the learned Additional Commissioner Jaipur reversed the decree of the trial court. Hence this second appeal before us.