MOHAMMED RAFIK KHAN Vs. NARAIN SINGH

JUDGEMENT

(1.) THIS is a revision application under Sec. 10(2) of the Rajasthan (Protection of Tenants) Ordinance, 1949, against an order of the S. D. O. Sironj, dated 13-4-55, granting protection to the opposite party under Sec. 7 of the Ordinance.

(2.) WE have heard the learned counsel appearing for the parties and have examined the record as well. The opposite party applied before the lower court for reinstatement under Sec. 7 of the Ordinance with the allegations that the land in dispute (Khasra No. 328, village Bagroda, Tehsil Sironj) is in the Khatedari of Ikram Ali (applicant) that Narain Singh has been cultivating the same as a sub-tenant since a decade and that on 5-11-54 he was dispossessed wrongfully. This claim was denied by the applicant and it was pleaded by him that the opposite party had never been in possession of the land in dispute, that the opposite party trespassed wrongfully on the land in August, 1954, that an action for criminal trespass was brought against him in the Panchayat Court which resulted in the conviction of the opposite party and that thereafter possession was duly transferred to him under orders of the Panchayat. The lower court after recording the evidence of the parties came to the conclusion that the opposite party was dispossessed wrongfully and hence reinstatement was granted to him.