MOOLA Vs. JUGAL

JUDGEMENT

(1.) This second appeal has been filed by the unsuccessful plaintiff whose suit for ejectment - against the defendants in respect of the land in dispute was dismissed by the trial court on 17.5.58, the first appellate court confirming the same in appeal on 31.1.59.

(2.) We have heard the learned counsel for the parties and have examined the record as well. The learned Additional Commissioner has based his decision on the question of limitation only and has rejected the appeal without going into the merits of the case. The appellant claims to be the tenant of the land in dispute under the respondents who are the land -holders (Biswedars). The suit was instituted in the trial court on 7.6.57 wherein wrongful dispossession was alleged to have taken place on 17th October, 1956. The learned Additional Commissioner held that the suit was governed by Sec. 186 of the Rajasthan Tenancy Act which provides a limitation of 3 months commencing from date of dispossession, that sec. 183 of the Rajasthan Tenancy Act had no application to the case and as such the suit was beyond limitation.

(3.) Thus the only point that is involved for determination at this stage in this appeal is as to whether a suit by tenant for ejectment against a land - holder can be brought under sec. 183 or not. Obviously as the question is of a far -reaching significance, we would discuss it at some length.