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2006 Supreme(Raj) 1228

R.P.VYAS
Hanja Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Ranjeet Joshi, for the Appellants.

Judgment

Rajesh Balia, J.-This appeal is directed against the Judgment of learned Single Judge dated 21.04.2006 by which two writ petitions were decided.

2. Predecessors of respondent-petitioner namely Smt. Sunder Devi and her son filed a revenue Suit No. 61/66 in the Court of Assistant Collector, Bhinmal on 16.02.1966 for declaration of their title. Plaintiffs claimed that they were in possession for long and because defendants namely Taria son of Ruga, Bhadaria son of Ruga, Prahalad son of Deepa, Harji son of Loomba and Dharma son of Ghuda Bhambi all legal representatives of deceased Ruga were working as his Halis, therefore, at the time of settlement name of Ruga was entered in the land records as Khatedar, which is incorrect and, therefore, mutation entry has been wrongly made, which need to be corrected. The cause of action stated to be that because name of Ruga has been entered in the land record, defendants-heirs of Ruga are creating obstructions in their possession. Two separate written statements were filed, one by Bhadaria and another by Taria, Prahalad, and Dharma in July 1966.

3. On the aforesaid pleading decree was passed by the Assistant Collector in favour of plainti














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