RAM SINGH Vs. THAKURIA

JUDGEMENT

(1.) IN appeals Nos. 11,12,13 and 14 (Alwar) of 1957, common questions of law arise for determination and hence they will be disposed of by this judgement.

(2.) PUT briefly the facts of these cases are that Ram Singh, the land holder caused notices of ejectment served upon the respondents in September, 1955 through the Tehsil Behror under sec. 180 (5) of the Alwar Code. Thereupon within the period allowed, the respondents con-testing their liability to ejectment brought separate suits for cancellation of the ejectment notices. The land-holder resisted these suits on various grounds the main of them being that the notices were issued under the Alwar Code and hence the Rajasthan Tenancy Act bad no application to them, that the tenants had not compeleted 12 years, that the land belonged to the military personnel and hence the tenants were liable to be ejected, that the land-holder needed the land for personal cultivation and the notices were served prior to the enforcement of the Rajasthan Tenancy Act. The trial court, after framing necessary issues in all the cases, came to the conclusion that Khatedari rights accrued to the respondents and hence notices deserved cancellation. Ram Singh, the land-holder, went up in appeal in 4 cases before the learned Additional Commissioner who rejected them by one single judgment. Hence these second appeals.