THAKUR HANUMAN SINGH Vs. LIKHMA

JUDGEMENT

(1.) SHRI Hanuman Singh petitioner has filed these two revision petitions against the order passed in appeal by the Revenue Appellate Authority, Jaipur, dated 11-7-63 against two different respondents Ganpat and Likhma. Since both these revision petitions raised a common point of law they were heard together and this single order disposes both of these petitions. Briefly, the facts of the case are that the petitioner was a Khatedar of certain holdings in village Anekhoo in tehsil and district Sikar. The respondents being sub-tenants acquired Khatedari rights by virtue of sec. 19 of the Rajasthan Tenancy Act, 1955. Therefore the petitioner filed an application under sec. 20 of the aforesaid Act claiming compensation for the land for which Khatedari rights were acquired by the respondents. The Sub-Divisional Officer paid compensation to the petitioner not on the basis of assessed rent rate but on the admission of the petitioner's own witness Kan Singh at the rate of two annas per Bigha which the petitioner charged for the land. Against this payment of compensation at lesser rate, the petitioner filed an appeal before the Revenue Appellate Authority, Jaipur but remained unsuccessful against both the respondents. He has, therefore, come up in revision before the Board of Revenue.

(2.) THE counsel for the petitioner's only contention was that the land in respect of which the respondents acquired Khatedari rights was a settled land and the current jamabandi already contained the rent rate on the basis of which he should have been paid compensation. This contention was attempted to be repelled by the counsel for the respondents by saying that the petitioner failed to file a copy of settlement record to prove his rent rate and the subordinate courts have readily paid the compensation on the basis of the admission made by petitioners witness.