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1963 Supreme(Raj) 68

MODI
Asala – Appellant
Versus
Narain – Respondent


Advocates Appeared:
J.S. Rastogi, for appellant; C.L. Agrawal, for respondents

Modi, J.—This is a civil regular second appeal by the defendants Asala and three others against the judgment and decree of the District Judge, Jhunjhunu, dated the 23rd November, 1957, affirming the judgment and decree of the Civil Judge, Jhunjhunu, dated the 23rd December, 1956, in a suit for declaration relating to certain agricultural land.

2. As the question of jurisdiction raised in this appeal goes to the root of the case, it is necessary to state the facts with particular reference to that question only. The defendants appellants here, claiming to be tenants with respect to the agricultural land in suit, which is situate in village Mohanbadi and which comprises 37 Bighas of agricultural land appurtenant to a well called Purohitanwala had filed an application to the Anti-Ejectment Officer against their dispossession at the hands of defendants Nos. 5 to 19 in this suit and obtained an order for their reinstatement. See Ex. Al dated the 5th October, 1953. This order had the effect of a decree under sub-sec. (4) of sec. 7 of the Rajasthan (Protection of Tenants) Ordinance No. 9 of 1949. There is material on the record to show that as a result of this order, the appellants were pu




































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