HARJI Vs. BANSI

JUDGEMENT

(1.) THIS is revision under sec.10(2) of the Rajasthan (Protection of Tenants) Ordinance, 1949, against an order of the S.D.O., Rajgarh, dated 30.11.1950, refusing protection to the applicant under sec. 7 of the Ordinance. THIS revision was decided by the Board of Revenue on 28.6.1952, along with revision petition No. 221/Alwar of Svt. 2006-7 and the order of the trial court was set aside and the applicant Harji along with Kanhaiya who was the applicant in the other case was ordered to be reinstated. The Board in its decision held that "the plea of voluntary surrender set up by the opposite party was not proved as the learned Revenue Minister had sanctioned the auction and it was as a result of the auction that Bansi and Bhagirath were given fresh Patta of the land as a result of the grant of the Patta to Bhagirath and Bansi, Harji and Kanhaiya were dispossessed. As the order passed by the Revenue Minister to auction the land was cancelled by him, the former order became null and void and any Act done in compliance thereof could not be said to have been done under valid authority..... such dispossession obviously could not be considered to be a voluntary relinquishment either" Harji filed a writ petitioner before the High Court of Judicature of Rajasthan and the learned Judges were pleased to observe that "the finding of the Board that there was no voluntary relinquishment from the mere fact of the order of auction being subsequently set aside is erroneous on the face of it". The Board has been directed to give a fresh decision after giving a finding on the question whether Harji relinquished his holding voluntarily on 11.9.1958 on the material on record.

(2.) WE have heard the learned counsel appearing for the parties and have examined the case. Shri Ram Avtar Gupta has argued that there was no voluntary surrender, that the dakhalnama was executed by Harji under duress and that the evidence led by the opposite party for proving voluntary surrender is totally unreliable. Shri Jagdish Prasad Jain has replied that the voluntary surrender is evidenced by a document Ex. D/A which was thumb impressed by Harji, the execution of the document has been proved by the witnesses examined on the point by his client ; and that the delivery of possession accompanying this document suggests strongly that Harji voluntarily relinquished the land.