NARAIN Vs. SHYAM SWAROOP

JUDGEMENT

(1.) THIS is an application for review of a judgment of the Chief Commissioner, Ajmer dated 26.9.1956 of the former Ajmer State in a revision application under sec. 187 of the Ajmer Tenancy and land Reforms Act, 1950.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. The applicant who is a rent-free grantee from the Istimrardar of Mehrun Kalan (an estate which has since been resumed) asked for ejectment of the opposite party under sec. 32 of the aforesaid Act on the ground that he was a sub-tenant, that he was allowed to cultivate up-to the last cultivatory year and that inspite of protests, had continued to cultivate the land The opposite party contested this application with the plea that he was not a sub-tenant as alleged by the applicant but that he was a tenant of the estate-holder. The S.D.O. who tried the case found in favour of the applicant and the Collector confirmed the order of the S.D.O. and ordered ejectment of the opposite party. On a revision being filed before the Chief Commissioner by the opposite party it was held that secs. 31 and 32 of the Ajmer Abolition of Intermediaries and L md Reforms Act, 1955 conferred the status of a Bhooswami upon the opposite party and as such he was immune from ejectment. As it would appear from the judgment under review the question relating to the staying of proceedings under sec. 6(g) of the 1955 Act read with Rule 7 was also raised before the learned Chief Commissioner but no definite finding was given on the point as the case was decided on a different ground referred to above.