SHANKERLAL Vs. KISHNA

JUDGEMENT

(1.) SHANKERLAL defendant appellant has filed this second appeal against the judgment and decree of the Revenue Appellate Authority, Kota dated 8. 4. 1963.

(2.) BRIEFLY the facts of the case are that Kishanlal plaintiff respondent claiming himself to be the pantidar 'upkrishak' of Khasra number 183 situated in village Roopaheda, Tehsil Khanpur, Distt. Jhalawar and admitting that one Radhakishan was his Khatedar filed a suit on 17. 5. 61 u/sec. 183 of the Rajasthan Tenancy Act against Shankerlal defendant appellant for ejectment as trespasser. The defendant appellant pleaded that he was the purchaser of the Khatedari rights in land from one Radhakishan Khatedar on 10. 5. 61 and denied having committed any trespass. He also pleaded that plaintiff had no locus standi to file the present suit. The trial court held that the plaintiff was not a 'pantidar' or partner in cultivation of the disputed holding with the Khatedar Radha Kishen but was a sub-tenant. It further held that under the definition of the expression 'tenant' in sec. 5 sub-sec. 43 of the Rajasthan Tenancy Act, sub-tenant is included and as such when he was displaced by the defendant appellant he was entitled to maintain a suit against the appellant. In the first appeal filed by the defendant appellant it was held that no partnership existed between the plaintiff respondent and Radha Kishan Khatedar, but the plaintiff respondent was a subtenant of Radha Kishen and he was wrongfully ejected by the defendant appellant. The first appellate Court therefore upheld the judgment of the trial Court.