KISHORE Vs. GULAB SINGH

JUDGEMENT

(1.) THIS is a revision under Sec. 10(2), Rajasthan (Protection of Tenants) Ordinance 1949 against an order of the S.D.O. Chechat, dated 27.8.45, granting protection to the applicants under sec. 7 of the Ordinance but directing the person in possession to be treated as a subtenant of the applicants.

(2.) THE opposite party did not put in appearance despite notice and hence the case was heard ex parte. THE only point involved for determination in the case is as to whether the trial court exercised its discretion properly while declaring the person in possession to be a subtenant of the applicants. Section 7 (2) of the Ordinance lays down that the S.D.O. on being satisfied that the applicant was ejected or dispossessed wrongfully may order that he be reinstated on that holding and that any other person in possession of it be ejected therefrom with the proviso that if the person in possession has, before the receipt of notice referred to in Sec. 7 (1) of Ordinance, sown the holding, then he should be declared to be a sub tenant of the applicant. This provision is not applicable to the present case. THE application for reinstatement was presented on 21.7.53 and the order for reinstatement was passed on 27.8-54. THEre is absolutely nothing on record to show that the opposite party had sown any crop after receipt of the notice and that the same was standing at the time when the order for reinstatement was made. Under the circumstances, the lower court had no jurisdiction to declare the person in possession to be a sub-tenant of the applicant and the applicant should have been put in possession by removing the opposite party from possession. We would therefore, allow this revision, and modify the order of the lower court to the extent that the applicant shall be put in possession of the land in dispute removing the opposite party from possession thereof.