SUGNI MST Vs. SHAFI

JUDGEMENT

(1.) THE learned Chairman, sitting singly in this case has referred to this Bench for an answer the following question - "whether by the deletion of Sec. 186 of the Rajasthan Tenancy Act the right of appeal conferred under the repealed section continues to exist ?" Briefly the facts leading to this reference are that Shri Moongaram deceased, who is now represented before us by his wife Shrimati Sugani and his son Shri Laxman, filed an application under S. 7 of the Rajasthan Protection of Tenants Ordinance in the court of the Anti-Ejectment Officer, Jhunjhunu on 29-8-1953 for the restoration of possession over the suit lands from which he is alleged to have been dispossessed by the non-applicants or by their predecessors in interest. THE application was rejected on 29-8-1954. Shri Moongaram then appealed to the Additional Commissioner, Jaipur, who remanded the case to the Assistant Collector, Jhunjhunu with certain directions. On 2-12-1958 the Assistant Collector, Jhunjhunu, accepted the application and ordered the restoration of the suit lands.

(2.) AN appeal against this decision was decided by the Additional Commissioner, Jaipur on 30-8-1960 again remanding the case to the Assistant Collector, Jhunjhunu, who, on 25-6-1962, reiterated his earlier decision AN appeal against this decision filed on 12-7-1962 had been accepted by the Revenue Appellate Authority, Jaipur on 10-5-1968 against this the present revision has been filed.

(3.) IN the reference before us no reasons have been recorded to show that the earlier decisions of the Board needed any consideration. IN the circumstances we do not consider it necessary to answer the question referred to us. The case may. therefore, be returned to the honourable Chairman for disposal in accordance with the above observations. .