CHANDANMAL Vs. SHIVKISHAN

JUDGEMENT

(1.) THIS revision petition has been filed against an order of the S. D. O. dated 4. 11. 58, under sec. 187 of the Ajmer Tenancy and Land Records Act, 1950 (hereinafter referred to as the Act ).

(2.) THE facts of the case in brief are that the applicant mortgaged their fields on 19. 2. 48 for a sum of Rs. 4,000/- and 2,000/- respectively for a period of 20 years in favour of the opposite party. THE opposite party filed a suit under sec. 85 of the Act for recovery of THEka money in the court of the Tehsildar, Ajmer who by his order dated 11. 9. 59 decreed the claim for Rs. 475/11/9 with costs. On 9. 1. 58, an application was moved by the opposite party under sec. 98 of the Act in which it was alleged that as the applicants had not paid a single pie towards the decretal amount they may be rejected from the land in question. A notice was issued under sec. 98 requiring the applicants to pay within two months the decretal amount. This was not paid by the applicant within the statutory period and therefore, on 4. 11. 58, the Tehsildar directed that the applicants be ejected from the land and submitted the case for confirmation to the S. D. O. THE S. D. O. however, held that the order of the Tehsildar submitting the record of the case for confirmation was superfluous and therefore he returned the case to him to take further proceedings in the ease according to law. Hence this revision petition.