DEWAN MANGILAL Vs. KAJODIA

JUDGEMENT

(1.) THIS is the unsuccessful plaintiff's second appeal whose suit for ejectment on the ground of breach of conditions attached to the land let out to the respondents was dismissed by the trial court, the first appellate court confirming the same in appeal.

(2.) WE have heard the learned counsel appearing for the parties and have examined the record as well. The suit was instituted on 15. 5. 54 in the court of the S. D. O. Karauli with the allegations that the land in dispute was let the to out respondents on Asadh Sudi 13 Svt. 1986 for cultivation with certain conditions. As the defendants did not fulfil the conditions regarding levelling of the ground, and increasing the irrigated area, they had rendered themselves liable to ejectment in accordance with the terms of the agreement It was also alleged in the plaint that the respondents omitted to plant fruit trees as well. The defendants resisted the claim on the ground that there had been no breach of conditions and that they were entitled to continue in possession. The trial court dismissed the suit on the finding that during the continuance of the Rajasthan (Protection of Tenants) Ordinance, 1949, the respondents were not liable to be ejected. The plaintiff went up in appeal before the learned Additional Commissioner who also held that as the only ground on which ejectment of a tenant under the Ordinance could be claimed was on an act or omission detrimental to the land in that holding or inconsistent with the purpose for which it was let and as the plaintiff claimed ejectment on the ground of a breach of condition the suit was clearly untenable. The plaintiff came up in second appeal before the Board, which was dismissed in default on 9. 6. 55. It was subsequently restored on 5. 10. 55 and came up for hearing today.