JAMAN SINGH Vs. GORDHAN SINGH

JUDGEMENT

(1.) THIS revision has been filed under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance, 1949, against an order of the learned A. E. O , Sikar, dated 12. 3. 54.

(2.) THE material facts of the case may, in brief, be stated as below. Jamansingh and Chhotsingh, the applicants, filed an application before the Nazim, Udaipurwati, on 23. 8. 51, with the allegation that they had been forcibly dispossessed from 40 bighas of land known as Garh-ka-puna which had ever since remained in their cultivatory possession. It was prayed that they may be re-instated on the land in question under sec. 7 of the Rajasthan (Protection of Tenants) Ordinance. On a notice being issued to the opposite party, they denied the applicant's possession over this land and alleged that it was their land known as Khet Paraowala which had ever since been in their possession ; and that the question of forcible dispossession of the applicants did not arise. THE application, after due enquiry, was dismissed by the Anti Ejectment officer on 7. 6. 52 to whom it was transferred earlier by the S. D. O. Against it a revision was filed before the Board, who, by their order dated 3. 6. 53, vacated the order given by the Ami Ejectment Officer, and directed further enquiries to be made in the matter. Mr. M. N. Banerji, the new Anti Ejectment Officer, after recording further evidence of the parties, held that the land in question was never proved to have remained in the cultivatory possession of the applicant ; and that they were not entitled to be re-instated on it. Accordingly the application was rejected. THE applicants have now come up in revision before us against this order.