STATE OF RAJASTHAN Vs. MOHAN SINGH

JUDGEMENT

(1.) THIS review petition is directed against the order of Shri S. L. Kakar erstwhile Member of the Board of Revenue dated 1-1-67 in the case of Mohansingh (9/65/rev. /bikaner) which was heard ex-parte as non-applicant was absent despite notice.

(2.) THROUGH the aforesaid order, the learned Member rejected the revision filed by the State against the order of the R. A. A. on the ground that he was recorded as khudkasht and that u/s 13 of the Rajasthan Tenancy Act on the resumption of abolition of an estate under any law in force in the whole or any part of the State, the estate holder holding khudkasht was entitled to become a khatedar tenant thereof and acquired all the rights conferred and was subject to all the liabilities imposed on a khatedar tenant. It was observed by the learned Member that khudkasht has been defined under Sec. 5 (23) of the Rajasthan Tenancy Act as land in any part of the State cultivated personally by an estate-holder and included land recorded as khudkasht, sir, havala, niji-jot, gharkhed in the settlement records at the commencement of the Rajasthan Tenancy Act in accordance with law in force. It was further observed that khudaksht was defined practically in the same terms in the Bikaner State Tenancy Act as under that Tenancy Act and as this land was recorded as khudkasht in the settlement record, prima-facie Mohansingh became khatedar under Sec. 13 of the Act.