YADI Vs. MOHANLAL

JUDGEMENT

(1.) This is the unsuccessful plaintiffs second appeal whose suit for declaration of occupancy rights under sec, 131 of the Bharatpur State Revenue Code was decreed by the trial court, but was dismissed in first appeal by the Additional Commissioner, Jaipur.

(2.) We have heard the learned counsel appearing for the parties and have gone through the record as well. It is an admitted fact that the appellant plaintiff had been in possession of the land in dispute as a tenant under the respondent since Svt. 1997. The only contention put forth on behalf of the respondent is that the appellant was granted a patta in writing for a period of 10 years and hence this is fatal to the accrual of the occupancy rights under the provisions of sec. 151 of the Bharatpur State Revenue Code. As the case in now to be gover -ned by the provisions of the Rajasthan Tenancy, Act, 1955, we consider it unnecessary to determine as to whether the interpretation put upon sec. 131 of the Bharatpur State Revenue Code be the learned Additional Commissioner is correct or not. The Rajasthan Tenancy Act, 1955, came into force on 15th October, 1955, and hence this appeal which was pending on that day shall be heard and determined in accordance with the provisions of that Act as laid down in sec. 206 of the Act. Sec. 15 of the Act lays down that subject to the provisions of sec. 16 a person who at the commencement of the Act is a tenant of the land otherwise than as a sub -tenant or tenant of khud kasht shall be a khatedar tenant and shall be entitled to all the rights conferred and be subject to all the liabilities imposed on khatedars tenants by this Act. Chapter VIII of the Act deals with declaratory suits. The tenant may sue for a declaration as to the class to which the tenant belongs as down in sec. 89 of the Act. We would therefore, allow this appeal, set aside the order of the lower appellate court and restore that of the trial court with the modification that the appellant plaintiff shall be declared to be a khatedar tenant instead of a maurosi or occupancy tenant.