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1981 Supreme(Raj) 276

K.D.SHARMA
Col. Mohan Singh : Narendra Singh – Appellant
Versus
The State Of Rajasthan – Respondent


JUDGMENT

1. - S.B. Civil Writ Petition No. 1858 of 1975 filed by Col. Mohan Singh and S.B. Civil Writ Petition No. 1874 of 1975 filed by Narendra Singh against the State of Rajasthan and Anr., arise out of almost identical facts and so they are disposed of together by one single order.

2. The relevant facts giving rise to these petitions may be briefly narrated as follows:--Col. Mohan Singh along with his son Narendra Singh was personally cultivating land comprised in Khasra No. 4 situated at village Bicharli in District Jodhpur since year 1951 as a tenant of Khudkasht of Maharaja Shri Gaj Singh of Jodhpur. The land including 'Kacholia Beria' was taken by Col. Mohan Singh on lease in the year 1951 from Maharaja Shri Gaj Singh for a period of 10 years and paid Rs. 3800/-, per annum as lease money for the land in question. Subsequent thereto possession of the land known as 'Kacholia Beria' was handed over by Col. Mohan Singh, petitioner, to Maharaja Shri Gaj Singh in the year 1961. He however retained 316 Bighas of land only in village Bicharli. The lease relating to this land was further extended in the year 1961 for a period of three years and the petitioner paid lease-money for tha































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