H.D. Ujjwal—All these six applications are for transfer of cases under the Rajasthan Protection of Tenants Ordinance from the courts of the Sub-Divisional Officers, Bayana, Bharatpur, Jhunjhunu and Jaipur.

2. An objection has been raised by Shri Roop Chand Sogani, counsel for the opposite party in one of the cases to the effect that the Board of Revenue has no power to transfer a case under the Rajasthan Protection of Tenants Ordinance. He contends —

(i) that there is no provision in the Rajasthan Protection of Tenants Ordinance for the transfer of cases instituted under sec. 7 of the Ordinance, in the court of a Sub-Divisional Officer or other officer of equal status;

(ii) that the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951, except as otherwise specifically provided therein, does not in any way affect the provisions of the Rajasthan Protection of Tenants Ordinance; and

(iii) that the powers of reinstatement under sec. 7 of the R.P.T.O. had been conferred on a S.D.O. or other officer of equal status and he acts as a persona designata and not as an "Established court" and cases pending on his file cannot, therefore, be transferred, by the Board of Revenue.

In support

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