This appeal was dismissed by the Additional Commissioner on November 2, 1951.
The Revenue Courts Act was an Act passed by the Rajpramukh of the State of Rajasthan with which the State of Jodhpur had integrated prior thereto, and it applied to the whole State of Rajasthan, including the Marwar area.
The tenants moved the Board of Revenue in revision against the order of July 7, 1952, also.
The Board of Revenue took the view that the Revenue Courts Act had number affected the procedure to be followed on the hearing of an application under s. 85 of the Tenancy Act but it remanded the case to the Additional Commissioner as the tenants companytended that the Additional Commissioner had number decided other points that arose in the appeal to him.
Subsequently, on March 26, 1951, the appellants application under s. 78 of the Tenancy Act was dismissed for reasons which it is number necessary for the purpose of this appeal to state.
This Notification was published in the Official Gazette on March 3, 1951, and one of the villages mentioned in the Schedule to it, was Khakharki.
Before the Board of Revenue companyld decide the revision case, the Government of Rajasthan on November 1, 1952, published another Notification rescinding the earlier Notification dated February 22, 1951, issued under s. 85 of the Tenancy Act.
The tenants filed an appeal before the Additional Commissioner, Jodhpur, challenging the validity of the order of the Collector dated April 5, 1951.
XXXIX of 1949 , the Government of Rajasthan is pleased to declare that such rents may be recovered as arrears of land revenue.
Hence the present appeal.
85 of the Marwar Tenancy Act, 1949 No.
Fortythree of the tenants filed a petition in the High Court for Rajasthan for a writ of certiorari to quash the orders of the Collector, the Additional Commissioner and the Revenue Board, earlier mentioned.
Accordingly, on March 9, 1951, he filed an application under that section in the Court of the Collector, Nagaur, within whose jurisdiction lay the village of Khakharki for recovery as arrears of land revenue of the rents due to him for 1950 51 from those tenants of Khakharki who had refused to pay them.
This appeal has been companytested only by some of the tenants and the other respondents have number appeared before us.
This Act came into force on January 31, 1951.
The rent found due has number been realised yet by the Tahsildar presumably, in view of the pending proceedings.
Appeal from the judgment and order dated April 27, 1954, of the Rajasthan High Court in Civil Mis.
1 of sec.
On October 31, 1950, the appellant who had some difficulty in realising the rent from his tenants in village Khakharki, made an application under s. 78 of the Tenancy Act to the Tahsildar, Merta, within which the village Khakharki was situate.
38,587 3.0 was found due to the appellant from the tenants on account of rent, other charges and companyrt fees.
Whereas it has been made to appear that the cultivators of the villages mentioned in the Schedule below have refused to pay rent to the persons entitled to companylect the same Now, therefore, in exercise of the power companyferred by sub sec.
The Additional Commissioner heard the tenants on the other points and again dismissed their appeal on July 7,1952.
One of the points argued before the Board of Revenue in this revision case was that in view of the rescission of the Notification, numberfurther proceedings companyld be taken under s. 85 of the Tenancy Act for recovery of rent as arrears of land revenue.
by order of His Highness the Rajpramukh, D. Ujwal Secretary to the Government of Rajasthan, Revenue Department.
Thereafter, on April 5, 1951 the Collector passed an order by which a total sum of Rs.
F. 4 74 Rev./1/ 51.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Rastogi and K. L. Mehta, for the respondents.
The Board of Revenue rejected this and all other companytentions raised on behalf of the tenants and dismissed the revision case on September 29, 1953.
Before this application was finally disposed of, the Government of Rajasthan issued a Notification under s. 85 of the Tenancy Act which is set out below Jaipur, February 22, 1951.
The Judgment of the Court was delivered by IMAM J. The appellant was the Jagirdar of Thikana Rakhi in the Marwar Jodhpur area of the State of Rajasthan.
Writ No.
Within Thikana Rakhi was the village of Khakharki.
277 of 1955.
1/1954.
This application by the tenants was rejected by the Collector.
C. Chatterjee, Suresh Agarwal and Ganpat Rai, for the appellant.
On March 29, 1951, the tenants filed an application in the Court of the Collector of Nagaur stating that the numberice of the appellants application under s. 85 of the Tenancy Act should be served on them and they should be heard on that application as this was required by the rules framed under the Rajasthan Revenue Courts Procedure and Jurisdiction Act of 1951, hereinafter referred to as the Revenue Courts Act, which governed that application.
There was an Act in force in the Marwar area called the Marwar Tenancy Act of 1949, hereafter refer.
He had a number of tenants under him in the village who paid rent on the basis of a certain share of the produce of the land held.
The Collector then sent the order to the Tahsildar of Merta for recovering that sum as arrears of land revenue.
In view of the Notification, the appellant became entitled under s. 85, the terms of which will be set out later, to have the rents due to him from the tenants of Kbakharki realised as arrears of land revenue.
The tenants then went in revision to the Board of Revenue, Rajasthan.
