BHANWARLAL Vs. SHANKER

JUDGEMENT

(1.) THIS is a second appeal against the decree of the Revenue Appellate Authority, Bikaner, dated the 12th November, 1963, whereby the appellants' first appeal against the dismissal of their suit by the Sub-Divisional Officer, Rajgarh, was rejected.

(2.) THE facts are that the appellants had brought a suit for the ejectment of respondent as trespasser from khasra number 132 in village Rohi Ludi Chhaju. THEy alleged that the trespass had taken place in Samvat 2008. THE respondent claimed to be a sub-tenant of the suit land and denied liability to ejectment. THE trial court held that the appellants were recorded khatedars, and that the respondent was in possession as a sub-tenant under the appellants. THE suit as brought under sec. 183 of the Rajasthan Tenancy Act, 1955, was dismissed. THE appellants preferred their first appeal in the court of the Revenue Appellate Authority. , Bikaner, who concurred in the findings of the trial court. THE learned Revenue Appellate Authority further held that the respondent had become a khatedar tenant by operation of law, that is by virtue of the provisions of sec. 19 of the Rajasthan Tenancy Act. THE basis for this observation by the Revenue Appellate Authority was that the respondent stood recorded as sub-tenant of Fatta, that is Fateh Chand, father of the appellants, in the jamabandi for the period 2011 to 2014 Samwat.