- (1.) IN appeals Nos. 11,12,13 and 14 (Alwar) of 1957, common questions of law arise for determination and hence they will be disposed of by this judgement.
(2.) PUT briefly the facts of these cases are that Ram Singh, the land holder caused notices of ejectment served upon the respondents in September, 1955 through the Tehsil Behror under sec. 180 (5) of the Alwar Code. Thereupon within the period allowed, the respondents con-testing their liability to ejectment brought separate suits for cancellation of the ejectment notices. The land-holder resisted these suits on various grounds the main of them being that the notices were issued under the Alwar Code and hence the Rajasthan Tenancy Act bad no application to them, that the tenants had not compeleted 12 years, that the land belonged to the military personnel and hence the tenants were liable to be ejected, that the land-holder needed the land for personal cultivation and the notices were served prior to the enforcement of the Rajasthan Tenancy Act. The trial court, after framing necessary issues in all the cases, came to the conclusion that Khatedari rights accrued to the respondents and hence notices deserved cancellation. Ram Singh, the land-holder, went up in appeal in 4 cases before the learned Additional Commissioner who rejected them by one single judgment. Hence these second appeals. The first contention before us is that as the land is needed for personal cultivation of a military personnel, the respondents should not be allowed to continue in possession. This argument is clearly untenable. As laid down in sec. 15 of the Rajasthan Tenancy Act, 1955, every person who was in possession of land as a tenant, otherwise than as a tenant of Khud-kasht land or as a sub-tenant, acquired the status of a Khatedar tenant. The lands belonging to the military personnel have not been exempted form the operation of this section. In other words, Khatedari rights will accrue in lands belonging to the military personnel as well. The learned counsel for the appellant has argued that under sec. 180 (b) of the Rajasthan Tenancy Act, a land-holder can eject a Ghair Khatedar tenant if the conditions laid down therein are fulfilled. This contention is irrelevant for the obvious reasons that section 180 of the Act lays down additional grounds for ejectment of Ghair Khatedar tenants, tenants of Khudkasht and sub-tenants. These grounds have been called additional grounds for the obvious reason that the earlier sections of this chapter provide grounds for ejectment of Khatedar tenants (sec. 169,175 and 177 of the Act ). Thus it is clear that if a tenant acquires the status of a Khatedar tenant under the provisions of sec. 15, he will be liable to ejectment only on the grounds contained in secs. 169,175 and 177 of the Act. The provisions contained in sec. 180 shall have no application to him. The other contention is that the respondents were admitted as tenants during the period of mortgage by the mortgagees and hence they can not be regarded as tenants. Much need not be said on the point. The appellant while getting notices of ejectment served upon the respondents made it clear that the respondents were tenants of the land in dispute on the basis of a periodical lease, that they were not paying the rent regularly and that they were liable to be ejected under the provisions of sec. 180 of the Alwar Code. It is too late for him now to raise any controversy on this point. There is thus no substance in these appeals and they are hereby rejected. .;