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1962 Supreme(Raj) 62

BHANDARI, BERI
Rambhool Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
S.B.L. Sharma, for Petitioner; Mangharam, for Respondent No.3; Raj Narayan, Asstt. Government Advocate

BHANDARI, J.:— This is a Writ Petition under Art. 226 of the Constitution praying that the order of the Board of Revenue dated the 27th of August, 1959 be quashed. This order of the Board of Revenue was passed under the following circumstances.

2. The petitioner Rambhool Singh was the Biswedar of a piece of land Khasra No. 390 measuring 3 Bighas 15 Biswas in village Shahjahanpur (Tehsil Behror, Distt. Alwar). He was in military service from which he was discharged in the year 1951. The aforesaid land was given by the petitioner on lease to Ghisa Respondent No. 3 for one year and after the expiry of the period of lease he obtained possession of the land. The case of Ghisa Respondent No. 3 throughout has been that he was illegally dispossessed from that land, while the case of the petitioner is that Ghisa surrendered the possession of the land on the expiry of the lease on 27th July 1952. On 28th of July 1952 Ghisa made an application under Sec. 7 of the Rajasthan Protection of Tenants Ordinance, 1949 (No. IX of 1949) hereinafter referred to as the Ordinance, in the court of the Sub-Divisional Officer, Behror for his reinstatement. This, application was dismissed by the Sub Divisional

















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