1. Heard learned counsel for the parties.

2. As the matter can be decided without preparation of paper- book and filing of initial charges and list of documents, therefore, the same are dispensed with and the matter is heard on merits at the request of learned counsel for the parties.

3. The appellant/petitioner Abdul alias Abud, since deceased, was prosecuted in the Court of Munsif and Judicial Magistrate, Ist Class, Barmer under Section 3/6 of the Indian Pass-port Rules on 10.2.81 inter alias on the allegation that accused Abut along with one other person was caught by the patrolling guard/Officers at the Pakistan check post because they were crossing the Indian Border and they were not having valid passports. The accused has stated in his statement that in fact he was going to meet his sister through the way which was passing near the Border and he was wrongly caught. However, this plea was not accepted and he was convicted for the aforesaid offence.

4. After this order of conviction was passed, proceedings were initiated against the petitioner under Section 63 (1) (viii) of the Rajasthan Tenancy Act for recovery of possession of land from the petitioner/appellant. It was