MISRILAL Vs. PITHA

JUDGEMENT

(1.) This revision has been filed under sec. 187 of the Ajmer Tenancy and Land Records Act, 1950 (hereinafter referred to as the Act) against an order of the Sub -Divisional Officer, Ajmer, confirming the order of the Tehsildar, Ajmer, in a case under sec. 85 of the Act.

(2.) We have heard the learned counsel for the parties and have examined the record as well. The chief contention raised before us on behalf of the applicants is that no relationship of a land -holder and a tenant existed between the parties and hence the lower courts had no jurisdiction to grant a decree in favour of the opposite party under sec. 85 of the Act. As is apparent from the language of sec 85 itself, there must exist such a relationship between the parties as it is only the land holder who can apply to the Tehsildar for the recovery of arrears of rent where the tenant fails to pay the same or without sufficient cause fulls to cultivate the holding. If the relation -ship between the parties is not that of a landholder or a tenant then evidently no action under sec. 85 of the Act can be taken. We have, therefore to see whether the lower courts were justified in holding that such a relationship did exist between the parties or not.

(3.) A tenancy may arise either by an act of the parties or by operation of law. The opposite party in the present case, came before the Tehsildar with the allegation that he was the land -holder of the land in dispute and was, therefore, entitled to collect the rent and that the defendants are the tenants liable to pay rent by Banta. It is significant to note that it was nowhere alleged in the application that the applicants were holding land as tenants under the opposite party. The trial court relying upon Ex. P. 1 - -a patta granted to the opposite party on 10 9 54 by the management of the Dargah Miran Sahib Ajmer and Ex. P. 2 - -a copy of the mutation order holding the opposite party as a biswedar of the land in dispute held that the opposite party should be deemed to be the land -holder and the applicants as the tenants under him. A certified copy of the patta granted to the opposite party (Ex. P. 1) exists on record. It is gathered from this document that the opposite party applied for grant of a patta in respect of the land in dispute to the management of the Dargah Miran Sharif and the same was granted on the following terms: - -