RAGHU NATH Vs. RAM NARAIN

JUDGEMENT

(1.) THIS second appeal has been tiled by the defendant against whom the respondents' application for ejectment under sec. 180 of the Rajasthan Tenancy Act has been allowed by the first appellate court (Commissioner Kota), after reversing the judgment of the Assistant Collector whereby the application had been rejected.

(2.) WE have heard the parties and have examined the record as well. The respondents based their claim for ejectment on the ground that the appellant is a sub-tenant, that one of the respondents was a minor and obtained majority on 16. 7. 56, that the other respondent is a widow, that the respondents required the land for personal cultivation and as the appellant was liable to ejectment an order for ejectment against them be passed. It is significant to observe that the grounds on which the appellant was considered liable to ejectment were not specifically laid down in the application, though from a perusal of the judgment of the trial court it appears that at the time of the arguments the counsel for the respondents pointed out that the case was covered by sec. 180 (d) of the Rajasthan Tenancy Act. The trial court examined not only the applicability of clause (d) but also all other clauses as well of sec. 180 of the Rajasthan Tenancy Act and came to the conclusion that none of the clauses was applicable to the present case. He, therefore, dismissed the application. The learned Commissioner came to a different finding on the ground that no rents were paid by the appellant to the respondents and that when Gopilal died the appellant was in possession. Evidently the learned Commissioner omitted to examine the relevant provisions of the law on the point. The line of reasoning adopted by him obviously has no relevancy to the present case. The question whether rents have been paid or not or whether the appellant was admitted by Gopilal or not has no bearing on the ejectment of the applicant which has to be determined with reference to the conditions laid down in sec. 180 of the Rajasthan Tenancy Act.