' The brief facts leading to this revision are that the present respondents had applied to the A. C. I.
For correction of entries of Batai in the register Girdawari which application was turned down by the A. C. I. On subsequent appeal filed before the Collector it was, however, held that respondents are entitled to recover 2/3rd of the produce as Batai. These orders were maintained by the Additional Commissioner, vide his order dated 20-3-1975. Hence this revision.
2. I have heard the learned counsel for the parties and considered the facts of the case. The conditions of Batai are determined according to the customs in vogue in the area, or terms as may be settled between the land owners and the tenants ; or by the law. The situation in this case is that the petitioners have been paying Batai at the rate of 50% of the produce to the respondents according to the common usage of the area. The parties have no special contract nor any law has been proitulgated reducing the share of two tenant in the produce. In view of this situation, the order of the Collector and the Additional Commissioner are not maintainable and are set aside in revision.