- (1.) THIS is an application in revision under sec. 10 (2) of the Rajasthan (Protection of Tenants) Ordinance, 1949 against an order of the S. D. O. , Behror, dated 28. 1. 52 refusing to grant protection to the applicants under sec. 7 of the Ordinance.
(2.) WE nave heard the parties and have examined the record as well. The judgment of the lower court is based solely on the ground that the land in dispute belongs to a body of persons one of whom is a discharged military personal and hence the provisions of the Ordinance are inapplicable to the case. The Notification relied upon by the lower court is as follows : - "no. F. 1 (4) Revi. 51. Jaipur, January 11, 1951 - In exercise of the power conferred by sec. 15 of the Rajasthan (Protection of Tenants) Ordinance, 1949 (No. IX of 1919) the Government of Rajasthan is pleased to exempt the following land from the provision of the said Ordinance, namely - (1) Land belonging to persons who are in Military employment of the Government, or (2) Land belonging to persons who are discharged from Military employment of the Government after the coming into force of the said Ordinance. The Notification obviously exempts land belonging to persons who are in the Military employment of the Government or who are discharged from Military employment of the Government after the coming into force of the said Ordinance. If out of a number of co-owners of land only one or two are in the Military employ of the Government or discharged from such employment it cannot be said that the land belongs to such person. The concept of ownership carries with it an authority to dispose off the corpus of the property. In the case of co-owners only one or two of that body would not be competent in that behalf. We, are, therefore, of the opinion that the Notification has no application to the case. We, allow the revision, set aside the order of the lower court and remand the case for a decision on merits. .;