HIRALAL MAHAJAN Vs. RANAWATJI
LAWS(RAJ)-1952-8-2
HIGH COURT OF RAJASTHAN
Decided on August 09,1952

HIRALAL MAHAJAN Appellant
VERSUS
RANAWATJI Respondents


Cited Judgements :-

NEW NATIONAL CHEMICAL AND PHARMACEUTICAL WORKS BHARATPUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-1966-3-27] [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appeal against the order of the Assistant Collector, Rajsamand who dismissed the petition of the applicant on the ground of contradictions in the statements of the prosecution witnesses and that the petitioner had himself abandoned the land.
(2.)THE non-applicant in this case raised a preliminary objection that the applicant has himself admitted that his possession on the holding was in St. year 2005 and 2006 and not in St. 2004 and thus he was not in possession of the holding on 1.4.48. THErefore he cannot claim relief under the Rajasthan Protection of Tenants Ordinance. Sec. 7 of the Ordinance clearly lays down that only those tenants who were in occupation of the holding on 1st day of April, 1948 can claim relief under this Ordinance and not otherwise. THE objection raised by the non-applicant is correct. THE Revenue Board has also held in more than one case that for relief under this Ordinance possession on 1.4.48 is essential, according to sec. 7. Since the applicant has admitted that he was not in possession on 1.4.48, his application is rejected and the judgment of the lower court is upheld.


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