MOOL SINGH Vs. LADU

JUDGEMENT

(1.) This revision petition has been filed under Sec. 230 of the Rajasthan Tenancy Act against the order of the Revenue Appellate Authority, Jaipur, dated 20.2.65 rejecting the appeal against the order of the Sub -Divisional Officer, Kishangarh dated 13.10.1964, whereby the Sub -Divisional Officer, Kishangarh, had granted a temporary injunction in favour of the non -petitioner in a suit under Sec. 188 of the Rajasthan Tenancy Act.

(2.) During the course of the arguments, the learned counsel for the petitioner tried to make out that the suit under Sec. 188 brought by Ladu, non - petitioner, was not maintainable as such a suit could be brought only by a tenant. He also made a reference to the Pass Book granted by the Consolidation Deptt., according to which the disputed land is supposed to be in the occupation of the petitioner.

(3.) On the other hand, the learned counsel for the non -petitioner relied upon the girdawaris for the period Smt. year 2011 to 2017 wherein Ladu, non -petitioner, has been entered as a tenant. He also referred to Sec. 188 of the Rajasthan Tenancy Act and argued that under this Section, a suit was maintainable by a tenant against any other person.