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2001 Supreme(SC) 217

S.N.PHUKAN, S.S.M.QUADRI
Ram Bharose Sharma – Appellant
Versus
Mahant Ram Swaroop – Respondent


ORDER

These two appeals arise from two judgments and orders of the Division Bench of the High Court of Rajasthan at Jaipur. Civil Appeal No. 1616 of 1994 is from the Judgment and order of the said High Court in D.B.CWP No.2150 of 1992 dated September 1, 1992 and Civil Appeal No.1634 of 1994 is from the judgment of the Division Bench in D.B.Civil Special Appeal (Writ) No.44 of 1992 dated September 1992. The subject-matter and the contesting respondent are common in these appeals.

2. To comprehend the controversy in these appeals, it will be useful to refer to the facts giving rise to them. The appellants in these appeals are that tenants of the first respondent in different portions of the Jagir property. They have suffered orders of eviction and are up in arms against him. They have lodged two prongs attack on his title to the Jagir property which will be referred to presently.

3. In Samvat 1893, on the request of one Swami Ram Ballabh, land of an extent of 6 bighas and 4 biswas situated in Town Sawai Jaipur, outside Kishanpole, was granted as Udak Jagir (referred to in this judgment as the Jagir property ) by the Seventh Maji Bhattiyaniji of Jaipur, during the period of minorit





















































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