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1951 Supreme(Raj) 135

SHARMA, RANAWAT
Nand Singh – Appellant
Versus
Rajasthan Revenue Board – Respondent


Advocates Appeared:
Pannalal, for applicant; Ram Avtar Gupta, Govt. Advocate, for Rajasthan Revenue Board; Beni Madhav, for Thakur Chhagansingh

Ranawat J.—This is an application under Article 226 of the Constitution of India of one Nandsingh whose application for restoration of possession was rejected by the Sub-Divisional Officer Kotah, on the 27th of July, 1950 and whose revision application was also dismissed by the Board of Revenue for Rajasthan on the 19th of January, 1951. It is alleged by the petitioner that two plots of land, one measuring 103 bighas and the other 25 bighas were leased to him by Thikana Kherli Tanwran for a period of three years and on the termination of the period of lease the Jagirdar of Thikana Kherli dispossessed the petitioner from a portion of his land and gave possession thereof to other tenants. The petitioner claimed protection under the Tenants Protection Ordinance and applied to the Sub-Divisional Officer, Kotah, for reinstatement. It was held by the Sub-Divisional Officer and also by the Board of Revenue that as the petitioner was not in cultivatory possession of a portion of the disputed lands in Smt. year 2006, when he is said to have been dispossessed, he was not entitled to claim any protection under the provisions of sec. 7 of the Rajasthan Tenants Protection Ordinance.

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