BALU Vs. LALU

JUDGEMENT

(1.) THIS is an application in revision against the order of the Assistant Collector, Jaipur, dated the 25th February, 1955, in a case relating to the execution of an order for reinstatement under sec. 7 of the Rajasthan Protection of Tenants Ordinance.

(2.) THE facts of the case are that the applicant filed an application for reinstatement on file numbers 31, 77, 127, 129, 289, 292, 294, 290, 251, 297, 300, 426, 441, 442 and 443 in village Tippatti, Tehsil Baswa. His application was dismissed by the trial court but in revision, the Board of Revenue in their order, dated 17th March, 1952, ordered the reinstatement of the applicant on khasra Nos. 77, 127, 129, 289 and 292. A writ petition was also filed before the High Court and the same was rejected. Accordingly the applicant moved the S.D.O. concerned to reinstate him on the land ordered by the Board. During the course of the execution proceedings Ramnath and Lalu non-applicants raised objections on the ground that they were not parties in proceedings under sec. 7 of the Rajasthan Protection of Tenants Ordinance and hence were not bound by the order, passed in that case, and that the land in dispute was assigned to them by the Thikana and hence they could not be dispossessed. THE lower court after some enquiry refused to entertain this objection and ordered the execution of the order on 13-7-53. THE non-applicants came up in revision before the Board, from where the case was remanded to the trial court to entertain the objection and decide it no merits in accordance with R. 167-168 framed under S. 8 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act. Accordingly the S.D.O. recorded the evidence of the parties and held that the non-applicant were lawfully in possession of the land in dispute by virtue of khatedari rights with possession conferred on them by the Thikana. He, therefore, allowed the objection of the non-applicants and refused execution of the order. Hence this revision before us