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2005 Supreme(Raj) 1642

DINESH MAHESHWARI
Ram Swaroop – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
Mr. Sudhir Sharma, for the Petitioner.
Mr. Rajeev Purohit, for the Respondent Nos. 4 and 5.
Mr. Rajendra Charan, for the Respondent No. 12.

Judgment

Dinesh Maheshwari, J.-A revenue suit for declaration and division of holdings under Sections 88 and 53 of the Rajasthan Tenancy Act filed by the petitioner-plaintiff Ram Swaroop being Suit No. 57/1978 for different parcels of land situated in Chak 7 Deeplana, Chak 6 Deeplana and Chak 2 Deeplana was decreed by the Assistant Collector, Nohar on 02.02.1981 holding the plaintiff - Ram Swaroop to be entitled for 1/3rd share in the land in question. Appeal No. 24/1981 taken by the defendants Chandu Ram son of Malla and Bhoop Singh son of Chandu Ram was partly allowed by the Revenue Appellate Authority, Bikaner camp Sri Ganganagar on 12.09.1983 holding that so far the suit regarding the land of Chak 2 and 6 Deeplana was concerned, the same was barred by the principles of res judicata and the decree in respet of the land of Chak 7 Deeplana was maintained. Seond Appeal No. 324/83/LR/Ganganagar taken by the plaintiff Ram Swaroop to the Board of Revenue for Rajasthan, Ajmer was dismissed by the Division Bench of the Board of Revenue on 29.07.1991 affirming the Judgment and decree passed by the Revenue Appellate Authority. Being aggrieved by the Judgment and decree passed by the Boar



































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