Govind Mathur, J.-A suit in the Court of Additional Collector, Kolayat was filed by the petitioner for partitioning and giving separate possession of 60 bighas of land out of ancestral land standing in favour of Shri Ramkaran, elder brother of the petitioner. Shri Ramkaran in the written statement accepted the

tenancy as ancestral property and also agreed for grant of decree for separate possession of 60 bighas of land. Accordingly by Judgment dated 23.01.1989 the suit was decreed and the petitioner was granted Gair Khatedari rights with regard to land of his share.

2. The Deputy Commissioner for Colonisation by an order dated 01.09.1993 made a reference to the Board of Revenue, Rajasthan, Ajmer with regard to Gair Khatedari rights granted to the petitioner on the count that the Assistant Commissioner, Kolayat while granting Gair Khatedari rights to the petitioner by Judgment dated 23.01.1989 acted in contravention of the provisions of Section 15-A of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Act") which provides that Gair Khatedari rights can be granted only to those persons who had been recorded as in possession of the land prior to samvat 2012 and