STATE OF RAJASTHAN Vs. PATARIA

JUDGEMENT

(1.) THIS revision petition is preferred on behalf of the State Government and is directed against the judgment of the Asstt. Collector, Deeg dated 10. 4. 1963. Briefly the facts of the case are that certain Khasra numbers were taken over in possession by the Tehsildar Nagar as escheat property for management purposes. In Smt. 2017 the Tehsildar Nagar put the land to auction for cultivation purposes. The plaintiff respondent's bid was the highest. He agreed to pay Rs. 62/-per bigha for the cultivation of that land subject to the terms and conditions of the land on which the land was put to auction for cultivation for one year. It was made clear by the Tehsildar by his order dated 10. 7. 1960 that the land would be given on cultivation to the highest bidder for a term of one year and after that the land will have to be vacated. It was further made clear that no tenancy right would accrue to the intending bidders. THIS agreement was executed by the respondent on 20 7-60. Subsequently the respondent instead of vacating the land and paying the rent pleaded that the Government was not entitled to more than double the rent assessed in accordance with the provisions of the Rajasthan Tenancy Act. He consequently filed a suit for fixing of rent in the Court of the Asstt. Collector, Deeg who accepted the plaintiff respondent's plea and decreed the suit declaring that the State was only entitled to double the assessed rent instead of this Rs. 62/- per bigha. It is against this decree that this revision application has been preferred directly on behalf of the State by the petitioner.

(2.) THE Government Advocate's only contention was that the Tehsildar got the land cultivated as per agreement and no tenancy right was created in favour of the respondents and the declaratory decree of the Court fixing the rent was without jurisdiction and a nullity. THE agreement can at the most be treated as a license. THE provisions of the Rajasthan Tenancy Act regarding fixing of maximum rent does not apply to the present case. THE counsel for the respondents' reply was that the suit as filed by plaintiff for declaration of assessed rent or this was decreed by the trial Court. Since the decree was appealable no revision lies direct to the Board of Revenue u/s. 230 of the Rajasthan Tenancy Act.