- (1.) After hearing learned counsel for the parties, we are of the opinion that the High Court itself has not addressed the various issues involved in the matter. The Trial Court decreed the suit. The First Appellate Court has set aside the judgment and decree passed by the Trial Court. It was necessary for the High Court to consider the various questions which arises for consideration, particularly when the land was claimed by the Zamindar, whether he could have claimed only Khudkasht land as defined in Rajasthan Tenancy Act or some other land also or it was the private property as claimed by the erstwhile Zamindar. All these questions should have been gone into and considered by the High Court.
(2.) Thus, we set aside the impugned judgment. Let the High Court consider the appeal afresh after hearing the parties, in accordance with law.
(3.) The appeal is, accordingly, allowed.;