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2006 Supreme(Raj) 1123

GOVIND MATHUR
Gulab Chand – Appellant
Versus
State of Rajashan – Respondent


Advocates Appeared:
Mr. J.L. Purohit, for the Petitioners.
Mr. B.L. Tiwari, Deputy Government Advocate.

Judgment

Govind Mathur, J.-By Judgment dated 110.1994 the Board of Revenue for Rajasthan, Ajmer decided two applications preferred under Section 221 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Act of 1955") setting aside the Judgment and decree dated 12.07.1968 passed by the Sub-Divisional Officer, Bhinmal. These two writ petitions are giving challenge to the Judgment aforesaid, hence both are disposed of by this Judgment .

2. The facts in brief are that one Smt. Sunder Devi and Bhojraj Mutwanna filed a suit before the Court of Assistant Collector, Bhinmal seeking a declaration for their tenancy with regard to land in dispute. The suit aforesaid was decreed by the trial Court by its Judgment dated 12.07.1968. Smt. Sunder Devi and Bhojraj were declared as khatedar tenants of Khasra Nos. 3608, 3613, 3615 and 3616 of village Bhinmal and a direction was also given for making necessary corrections in revenue record.

.3. The suit was decreed on acceptance by the defendants that they were "Halis" and were erroneously entered as khatedars at the time of settlement. The trial Court on basis of admission of the defendants and on basis of the fact that prior to settlem






















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