High Court Of Rajasthan
Judgename : Govind Mathur
Panney Dan Charan - Appellant
Versus
B.O.R. - Respondent
S.B. Civil Writ Petition No. 2218 of 1996
Decided On : 10/29/2005
Rajasthan Tenancy Act - Suit under Section 88 and 92-A - Summary of Acts and Sections: Section 88, Section 92-A, Section 10 of Rajasthan Land Reforms and Resumption of Jagir Act, 1952, Section 223, Section 224 - The court discussed the evidence presented by the plaintiff and the inspection report of the Assistant Collector. The Revenue Appellate Authority considered the statements of witnesses and the inspection report, while the Board of Revenue ignored the evidence and reversed the decision without thorough discussion. The judgment restored the decree passed by the Revenue Appellate Authority.
Fact of the Case:
The petitioner filed a suit seeking to be declared as a Khatedar tenant for a piece of land. The suit was initially dismissed, then reversed by the Revenue Appellate Authority, but later set aside by the Board of Revenue. The petitioner challenged the Board of Revenue's decision through a writ petition.
Finding of the Court:
The court found that the Board of Revenue erred in ignoring the evidence and reversing the decision without thorough discussion. The judgment of the Board of Revenue was declared illegal, and the decree passed by the Revenue Appellate Authority was restored.
Issues: The main issue was the possession of the petitioner over the disputed land and the consideration of evidence by the appellate authorities.
Ratio Decidendi: The court held that a finding of fact based on proper discussion of evidence requires thorough consideration and should not be reversed without proper discussion. The Board of Revenue's failure to consider the evidence in totality rendered its judgment erroneous.
Final Decision: The writ petition succeeded, and the judgment of the Board of Revenue was quashed, restoring the decree passed by the Revenue Appellate Authority.
Govind Mathur, J.-By filing a suit under Section 88 and 92-A of Rajasthan Tenancy Act, 1955 before the Assistant Collector, Pokaran, the petitioner sought a decree to declare him Khatedar tenant for 300 bighas of land situated in Khasra No. 48 in Village Nannai by making necessary corrections in revenue records. The petitioner claimed for decree as above by claiming himself Jagirdar having possession over the land since immemorial. By virtue of Section 10 of the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 the petitioner claimed himself to be a Khatedar tenant.
2. The suit preferred by the petitioner was dismissed by the Judgment dated 011.1981 passed by the Assistant Collector. The Assistant Collector, Pokaran, dismissed the suit by holding that the plaintiff was in service and was not residing at village Nannai, therefore, the land in dispute could not be under his possession. The statement of the plaintiff-petitioner that he being in service care of the land was taken by his father too was not accepted. The petitioner, therefore, availed remedy prescribed under Section 223 of the Rajasthan Tenancy Act, 1955 by way of filing an appeal before the Revenue Appellate Authority, Jodhpur.
3. The Revenue Appellate Authority, Jodhpur by the judgement dated 04.01.1985 reversed the Judgment dated 011.1981 by accepting the appeal. The Revenue Appellate Authority, Jodhpur held that the trial Court over-looked the material evidence available on record while rejecting the claim made by the plaintiff about possession over the land in dispute. The Revenue Appellate Authority in view of the statements given by the plaintiff himself , Kilyana S/o Pratapji, Govind Singh S/o Saidan Singh and Dungar Ram S/o Uttama Ram and in view of the inspection report of the Assistant Collector held possession of the plaintiff-petitioner on land in dispute proved. The Revenue Appellate Authority, in its Judgment dated 04.01.1985 discussed in detail the statements given by Kilyana, Govind Singh and Dungar Ram. The Revenue Appellate Authority also considered report of the inspection made by Assistant Collector himself . The Revenue Appellate Authority while accepting the appeal also observed that the Assistant Collector, heard the matter on 21.01.1980 and the Judgment was pronounced on 011.1981 i.e., after a lapse of about 2 years from the date of hearing. The Revenue Appellate Authority accordingly decreed the suit and declared the plaintiff-petitioner Khatedar tenant for land measuring 300 bighas in Khasra No. 48 of village Nannai, Tehsil-Pokaran. An order was also passed to charge Lagan from the petitioner from the date of application of the Rajasthan Tenancy Act, 1955.
4. The State of Rajasthan being aggrieved by the Judgment dated 04.01.1985 preferred a second appeal as provided under Section 224 of the Rajasthan Tenancy Act challenging the Judgment dated 04.01.1985 before the learned Board of Revenue, Rajasthan, Ajmer. Learned Board of Revenue by its Judgment dated 08.02.1994 accepted the appeal by setting aside the Judgment dated 04.01.1985 passed by the Revenue Appellate Authority, Jodhpur and restored the Judgment dated 011.1981 passed by the Assistant Collector, Pokaran. The Board of Revenue while accepting the second appeal held that no evidence was produced by the plaintiff-petitioner except oral evidence and on basis of oral evidence long possession of the plaintiff over the land in dispute could be not established. The instant writ petition is preferred by the petitioner being aggrieved by the Judgment dated 09.02.1994 passed by the Board of Revenue.
5. A reply to the writ petition is filed on behalf of the respondents defending the Judgment passed by the Board of Revenue. The respondents also placed on record copies of relevant revenue record wherein the land in dispute is shown as Khalsa.
6. A rejoinder to the reply is also submitted by the petitioner to substantiate the contentions made in the writ petition with a specific
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