1. :- A suit was filed by the deity Murti Radha Damodarji through Karan, Chandrabhan, Bhagwan, Bihari and Shyam stating that the land in question belonged to deity and was let out to the petitioner defendant in Samvat year 2010 for a period of five years. It was the case of the plaintiff that even though the defendant had surrendered the possession in Samvat 2014, but again unlawfully took possession in Samvat 2017 and got himself recorded as khatedar. Th e case of the petitioner defendant was that he was in continuous possession from much earlier to Samvat 2010 i.e. since Samvat 2005 and was not a trespasser and, therefore, could not be ejected. The suit was decreed by the Assistant Collector vide order dated 14.4.1978, but on appeal, the Revenue Appellate Authority reversed the judgment of the Assistant Collector vide order dated 23.1.1980. The Assistant Collector had given the finding that the petitioner had been mentioned as khatedar in the khasra Girdawari of Samvat 2016 to 2030, but the entries were not correct for the reason that under section 46 of the Rajasthan Tenancy Act, the sub-tenant of the deity did not acquire any khatedari rights. The Revenue Appellate Aut