RAM PRASAD Vs. NARENDRA

JUDGEMENT

(1.) THIS second appeal arises out of a judgment and decree of the Additional Commissioner Jaipur, dated 22-2-54, affirming the decree of the trial court whereby the suit of the appellant for being declared as occupancy tenant of the land covered by Khasra No. 131 and 134 of village Behror District Alwar belonging to the respondents was dismissed.

(2.) THE brief facts of the case are that the respondents who are the biswedars of the land in dispute caused a notice of ejectment to be issued to the appellant in accordance with sec. 180 (5) of the Alwar State Revenue Code in October 46. THE appellant contested his liability to ejectment and instituted a suit for the purpose in accordance with sec. 18 (1) in the court of the Assistant Collector, Behror. THE Assistant Collector after enquiries decreed the suit whereby the appellant was declared an occupancy tenant and the notice of ejectment issued against him was ordered to be cancelled. THE respondents filed an appeal against this order before the S. D. O. Alwar who allowed the appeal and remanded the case for further enquiry and fresh decision. THE case was then enquired into by the Tehsildar (Assistant Collector) Behror, in accordance with the order of remand and on 28-3-49, it was ultimately dismissed on the ground that the appellant had been in continuous possession of the land in dispute at the same rate of rent from Svt. 1992 to Svt. 2002 i. e. only 11 years and such he was not entitled to occupancy rights under sec. 136 of the Alwar State Revenue Code. THE appellant then filed an appeal before the Additional Commissioner, Jaipur, but it was dismissed by his order dated 22-2-24. Hence this second appeal before us.