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2009 Supreme(Raj) 994

RAKESH HOOJA, G.K.TIWARI
Rama – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Bhawani Singh, for Appellant;
J.P. Mathur, Govt. Advocate, for Respondent

Dr. HOOJA, C.—This is a second appeal under Section 224 of the Rajasthan Tenancy Act, 1955 (in short `the Act') against the impugned judgment dated 28.4.04 of Revenue Appellate Authority Chittorgarh.

2. Briefly stated, the facts leading to the appeal are that the appellant-plaintiff filed a suit under Section 88 and 188 of the Act for declaration of khatedari rights and injunction in respect of the disputed land located in village Devlach (Distt. Chittorgarh), in the court of Sub-Divisional Officer Begun who by his judgment dated 13.12.02 dismissed the suit. Aggrieved against this judgment of Sub-Divisional Officer Begun, the appellant preferred first appeal under Section 223 of the Act before Revenue Appellate Authority Chittorgarh who by the impugned judgment dated 28.4.04 dismissed the appeal. Hence the second appeal.

3. We have heard the learned counsel of both the parties.

4. The learned counsel for the appellant contended that the appellant-plaintiff had been in possession of the disputed land since the era of Jagirdar. At the time of resumption of the jagir the disputed land was erroneously entered in the revenue record as government land whereas it should have been entered in








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