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1953 Supreme(Raj) 129

BAPNA, SHARMA
Sukha – Appellant
Versus
Board of Revenue Rajasthan – Respondent


Advocates Appeared:
Mathuresh Bihari Lal, for Petitioners; C.B. Bhargava, for Respondent

BAPNA, J.—This is a petition under Art. 226 of the Constitution.

2. Ranjeeta and others opposite parties made an application to the Anti-ejectment Officer, Dausa, on the 21st June, 1952, for restoration of possession under sec. 7 of the Rajasthan (Protection of Tenants) Ordinance (No. IX of 1949). The present petitioners Sukha and others contested the application but the Anti-Ejectment Officer found in favour of the party of Ranjeeta and directed his re-instatement in respect of field No. 529 in village Beechai in Tehsil Lalsot. A revision filed by the petitioners to the Board of Revenue was dismissed.

3. In this petition, it is contended by learned counsel for the petitioners that sec. 7 of the Rajasthan (Protection of Tenants) Ordinance (No. IX of 1949) was only applicable if a tenant or a sub-tenant was dispossessed by the landlord, but in this petition it was not alleged that Sukha and his party occupied that status. It was contended that Sukha and his party had obtained a Patta from the Thikana many years ago and had also cultivated the land and Ranjeeta and his party were never in possession of the land. It was also argued that the dispossession, if any, had taken place may yea



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