DARJANSALSINGH Vs. MOTILAL

JUDGEMENT

(1.) IN the reference in case No. 22 Svt. 2009 (Kotah) the main points to be answered by the Full Bench are: - (i) whether an application under Sec. 7 of the Rajasthan (Protection of Tenants) Ordinance lies against the military personnel referred to in clauses (1) and (2) of the Revenue Department Notification F. 1 (4) Rev. 51, dated 11.1.51; and (ii) whether the expression "Government" used in Clauses (1) and (2) of the aforesaid Notification means the Government of Rajasthan or the Central Government ?

(2.) THE Revenue Department Notification dated 11.1.51 is as follows: - "In exercise of the powers conferred by Sec. 15 of the Rajasthan (Protection of Tenants) Ordinance 1949 (No. IX of 1949) the Government of Rajasthan is pleased to exempt the following land from the provisions of the said Ordinance, namely: - (1) land belonging to persons who are in the military employment of the Government; or (2) land belonging to persons who were discharged from military employment of the Government after the coming into force of the said Ordinance."