Rajasthan Tenancy Act, 1955–Secs. 183 & 183-A–Possession of land was not delivered after expiry of mortgage–Plaintiff proceeded u/s. 183-A for recovery of possession–SDO allowed the application and passed the decree–Order set aside by RAA on the premise that the plaintiff ought to file the regular suit u/s. 183 instead of initiating the proceedings u/s. 183-A–Case of mentioning of the wrong provision–Both the parties throughout understood the proceedings as a regular suit, plaint and written statement were described it to be a suit, issues were framed, both the parties lead their evidence–Documentary evidence were also produced by the parties, and thereafter, the suit was decreed–Plaintiff cannot be held required to repeat the same process of filing the suit–Judgments of RAA & BOR set aside and judgment passed by SDO restored.
