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PETITIONER: THAKUR KESARI SINGH
Vs.
RESPONDENT: THE STATE OF RAJASTHAN AND OTHERS.
DATE OF JUDGMENT: 19/10/1960
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SARKAR, A.K. DAYAL, RAGHUBAR
CITATION: 1961 AIR 432 1961 SCR (2) 47
ACT: Landlord and Tenant--General refusal of payment of rent--Notification by Government--Application for recovery of rent as arrears of land revenue--Rescission of notification--Validity of proceeding Procedure--Marwar Tenancy Act, 1949 (XXXIX of 1949), s. 85--Rajasthan Revenue Courts (Procedure and jurisdiction) Act, 1951 (1 of 1951), s. 2.
HEADNOTE: The Marwar Tenancy Act, 1949, now repealed but which was in force in the State of jodhpur at the relevant period, by s. 85 authorised the Government in case of any general refusal by tenants to pay rent to declare by notification that such rents might be recovered as arrears of land revenue. A notification having been issued by the Government of Rajasthan under that section the appellant, a jagirdar, applied to the Collector thereunder for the recovery of rents due to him from his tenants. The tenants also applied to the Collector stating that notice of the said application should be served on them and they should be given a hearing as required by the rule framed under the Rajasthan Revenue Courts (Procedure and jurisdiction) Act, 1951. ...