GOPIBAI Vs. MANGILAL

JUDGEMENT

(1.) This revision is directed against an appellate order of the Additional Collector, Kotah, dated 27.2.56 which reversed an order of the Teshildar Antah, dated 13.11.54, in a case relating to the ownership of a bair tree situated in this area of village Tham Khera to which both the parties laid a claim. We have heard the learned counsel appearing for the parties and have also gone through the record.

(2.) The material facts of the case are that on 9.1.53 Mangilal opposite party submitted an application to the Tehsildar Antath alleging that his possession of a bair tree was being interfered with by the Daroga of Borahram Chandra. This application was apparently made under Art. 2, Group -E, Schedule I of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. Mangilal requested the Tehsildar to decided the question whether the tree belonged to him or to Shrimati Dakhabai and Shrimati Gopibai. This application was sent through the Inspector Land Records to the Patwari concerned in order to take measurements on the spot and to find out in whose field the tree in dispute was standing. In the presence of a large number of persons the Patwari measured the strip of the land in which the tree was standing and came to the conclusion that it belonged to Mangilal in whose field it was situated.

(3.) The Tehsildar issued a notice to the applicants and after recording the evidence adduced by the parties held that the tree in question belonged to the applicants. His decision was based on the ground that the applicants had adduced documentary proof from which it was abundantly clear that the tree in question had been purchased by a relation of theirs along with land measuring 15 bighas which was knocked down in his favour in the year 1934 at a public auction. A copy of the certificate relating to the sale of land and two bair trees was put in by the applicants in order to establish that the tree in question belonged to them. The learned Tehsildar did not discuss the evidence of the Patwari who was a material witness and who had measured the land at the spot in order to determine in whose land the tree in question was situated.