DUNGAR RAM Vs. BEGA RAM

JUDGEMENT

(1.) THIS revision has been presented against order the of Collector/jhunjhunu dated 10-12-65. The relevant facts are that on 29-7-1963 Begaram, plaintiff, non-applicant here presented an application before the Tehsildar, Jhunjhunu under sec. 251 of the Rajasthan Tenancy Act against Dungar, defendant, applicant here. Opening 6f road was requested which Dungar was alleged to have closed. The case was transferred to Panchayat Kodesar and on 5-9-1965 it allowed the plea of Begaram. Dungarram went in appeal before the Collector, Jhunjhuuu and failed and hence this revision.

(2.) I have heard the advocates for the parties and have perused the record. The advocate for petitioner stated that neither the Panchayat nor the Collector had given a decision on the issue raised by his client that the road in question was a public one and so sec. 251 of Rajasthan Tenancy Act was not attracted. It was pointed out that sec. 251 excluded recognised roads, paths or common land mentioned in settlement Records. It would operate only when a private way is obstructed.