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1995 Supreme(SC) 520

S.SAGHIR AHMAD, SUJATA V.MANOHAR, S.C.AGRAWAL
State Of Rajasthan – Appellant
Versus
Padmavati Devi – Respondent


Advocates:
A.K.GOHIL, A.P.Dhamija, B.D.SHARMA, INDRA MAKWANA, LEKH RAJ MEHTA, Mohan Pandey, PRATIBHA JAIN, RAMESH CHAND PANDEY, SHANKAR GOPAL PAGIRE, SHANTI BHUSHAN, SOBHAG MAL JAIN, SUSHIL JAIN

JUDGMENT

S.C. AGRAWAL, J.-

This appeal by the State of Rajasthan arises out of proceedings initiated by the Tehsildar, Tehsil Jaipur, under Section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as "the Act") in respect of land measuring about 15 big has falling in Khasra Nos. 477 and 488 of Village Bhojpura, which is now part of Jaipur city. There are houses and shops on the said land and the persons in occupation of the same were paying rent to Respondent 1, Smt Padmavati Devi. By order dated 16-1-1968 the Tehsildar directed that notices be sent to all these persons asking them to deposit rent in the Tehsil and also for issuing a notice to Respondent 1 to show cause as to how she has been letting the premises in the "Sawai Chak" (Government land) and selling pieces of the land. In pursuance of the said order a notice dated 30-1-1968was served on Respondent 1. In response to the said notice Respondent 1 filed a reply on 19-3-1968 stating that the land is not "Sawai Chak" and that she is the owner of the land and has been in continuous possession of the same since long and that no proceedings could be taken against her under Section 91 of the Act and that she ha










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