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2010 Supreme(Raj) 826

JAGDISH BHALLA, MOHAMMAD RAFIQ
Nandlal – Appellant
Versus
Devi Shanker – Respondent


Advocates Appeared
R.K. Goyal with M.A. Khan, for Appellants;
M.S. Yadav, for Respondents

Hon'ble RAFIQ, J.—This special appeal is directed against the judgment of the learned Single Judge dated 15.3.2002 whereby the writ petition filed by the Appellants herein was dismissed. The appellants original writ petitioners in the writ petition, had challenged the judgment of the Board of Revenue dated 3.5.1989 by which the Board reversed the judgment and decree dated 20.10.1981 passed by the Revenue Appellate Authority, Kota and that of the S.D.O. dated 30.4.1979.

2. The factual matrix of the case is that the predecessor-in-title of the respondents herein, namely. Anandilal, filed a revenue suit in the year 1973 for partition and division of holding against the predecessor-in-title of the appellants namely, Kanhaiyalal, claiming that he was co-sharer in the lands comprising of Khasra No. 124 measuring 35 bigha and 3 biswa situated in village Talaiwala and Khasra No. 134 measuring 5 biswa gair mumkin chahi, situated in village Hanotiya, Tehsil Ladpura, and prayed that half of the said land be ordered to be recorded in his name. According to the plaintiff-respondent cause of action for filing of the revenue suit arose in 1970 when the defendant started making obstructions in the






















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