PARSHADI Vs. PRABHUDAS CHELA

JUDGEMENT

(1.) BOTH these revisions Nos. 60 and 66 of 1957 (Bharatpur District), give rise to common questions of law and fact and hence will be disposed of by this judgment.

(2.) SHRI Prabhudas put up an application against Parshadi and Kanchand in the court of the Tehsildar Wair, Bharatpur District on 16. 9. 1956 under item 2 Group E, Schedule I of the Rajasthan Revenue Courts (Procedure and jurisdiction) Act, for settlement of dispute over ownership of trees standing in the disputed land. It was alleged in the application that Prabhudas was the tenant; that Parshadi and Kan-chan were the sub-tenants of the disputed land; that the sub-tenants had planted 14 mango trees upon the land; that according to the terms of the Wajib-ul-arz, Prabhudas was entitled to one hah ownership over these trees and the payer in the application was that an entry in the revenue record be made accordingly. This claim was contested on the ground that the land holders of the land in dispute were others and as Prabhudas was a tenant he had no rights to ownership of the trees standing on the land. As the Rajasthan Tenancy Act came into force on 15. 10. 55, the trial court decided the case with reference to sec. 80 of the Act and hence held that Prabhudas was entitled to one half ownership as his prayer was to that extent only. Both the parties filed separate appeals before the Additional Collector Bharatpur who rejected both of them. Hence both the parties have field separate revisions.