JUDGMENT

D.P. Mohapatra, J.-On analysis of the case of the parties and the contentions raised on their behalf the question which arises for determination is whether in the facts and circumstances of the case the appellants can be said to be khatedar tenants of the land in dispute. If this question is answered in the affirmative then the further question for consideration will be whether the right of the appellants in the land in dispute was extinguished under Section 12 of the Rajasthan Tenancy Act, 1955 (for short the Tenancy Act ). The High Court of Rajasthan having answered the first question in the negative and dismissed the suit the plaintiffs are in appeal against the judgment.

2. The factual matrix of the case relevant for appreciation of the question for determination, may be stated thus:-Late Chet Singh held zamindari rights in respect of the disputed land situated in Village Mohammadpur, of Tehsil-Dholpur in the State of Rajasthan. As he was serving in the army he had engaged Sohan Singh for cultivation of the land. Since Sohan Singh got his name recorded in the revenue records as the owner of the land Chet Singh filed a suit, against him before the Assistant Collector,