BHURALAL Vs. CHHOGA

JUDGEMENT

(1.) The following point has been referred by a Division Bench to a Full Bench for decision - - "Are the provisions of the Rajasthan (Protection of Tenants) Ordinance,1949 (No.IX i of 1949) applicable to the enclaves in Rajasthan which ceased to from part of Madhya Bharat and became part of Rajasthan on 20th January, 1950" ?

(2.) To appreciate and discuss the point involved for decision in this case, the relevant facts may be summarised as follows - - Bhurmal, son of Keshrimal, resident of Kathoda, instituted a suit in the court of the S.D.O. Begun against Chhoga son of Rama, of the same village, for recovery of areas of rent and ejectment in respect of the land in dispute. The trial court held that the defendant having acquired occupancy rights was not liable to ejectment and further,as the plaintiff has not secured a certificate of arrears of rent, he was not entitled for a decree for arrears of rent as well. The plaintiff went up in appeal before the Additional Commissioner, Udaipur, who held that - - no decree can be passed against the defendant so long as the Rajasthan (Protection of Tenants) Ordinance, 1949, is in force in Rajasthan. The village previously belonged to Madhya Bharat and was merged to the State of Rajasthan in the year 1950 and consequently there can be no question that the Rajasthan(Protection of Tenants) Ordinance is not applicable to village Kethoda."

(3.) The first appellate court therefore granted a decree for payment of Rs. 9/ - against the defendant and dismissed the suit as regards ejectment. The plaintiff has filed a second appeal before the Board. The Division Bench concerned after hearing the arguments of the parties has referred the point referred to above the Full Bench.