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1986 Supreme(Raj) 751

A.K.MATHUR
Poonma – Appellant
Versus
Board of Revenue – Respondent


JUDGMENT

1. - This writ petition is directed against the order of the Board of Revenue dated 14-3-1986 (Annx. 3).

2. Non-petitioners Nos. 4 and 5 filed a suit against the petitioner Under Section 188 of the Rajasthan Tenancy Act, 1955 in the court of S.D.O. cum Assistant Collector, Balotra regarding possession of the land in dispute and damages for Khasra No. 205 measuring 34 bighas and 7 biswas located at village Mavari Tehsil Siwana District Barmer on the ground that the petitioner defendant has sold the land in question to non-petitioners Nos. 4 and 5 for a sum of Rs. 2,000/- and it was also averred that the land in question was taken by the petitioner for cultivation @ Rs. 250/- per year. The petitioner defendant filed a written-statement and alleged that he has not sold the land to non-petitioners Nos. 4 and 5 nor he gave possession of the land in question and he is in cultivatory possession of the land in question. It is alleged that the land was mortgaged for a sum of Rs. 2000/- and no sale was effected. Learned trial court after framing the necessary issues and recording the evidence of the parties decreed the suit in favour of non-petitioners Nos. 4 and 5. Aggrieved against




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