ARJUN Vs. KISSALI

JUDGEMENT

(1.) THIS is an application in revision under sec. 10(2) of the Rajasthan (Protection of Tenants) Ordinance, against an order of the S.D.O. Hindaun, dated 9-5-55 whereby the applicant's prayer for re-instatement over the land in dispute under sec 7 of the Ordinance was rejected by the lower court.

(2.) THE applicant's case before the lower court was that he and the opposite party and been jointly cultivating the land in dispute as co-tenants and that the same was recorded in their Khatedari, as joint khatedars in the share of half and half each. It is contended that both the parties cultivated this land jointly last year but the opposite party dispossessed the applicant from his share of the land on Kartik Sudi 11, Svt. 2011 corresponding to 7-11-1954. THE applicant, therefore, prayed that he should be re-instated on half the land in Khasra Nos. 875, 876, 901, 940, 975, 1001. 1008, 1109 and 1113. THE opposite party resited the claim and urged that the applicant had no share in the land and that the whole of it was in the cultivatory possession of the opposite-party, THE trial court after recording the evidence of the parties dismissed the application only on the ground that the applicant being a co-tenant, he could not be given any protection under sec. 7 of the Ordinance but could seek partition of the joint holding by bringing a regular suit. In holding this view the lower court relied on a single bench decision of the Board in Mula vs. Ganga Sahai (1955 RLW Revenue Supplement, page 27).