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1983 Supreme(Raj) 334

DWARKA PRASAD GUPTA
Balveer Singh and ars. – Appellant
Versus
Board of Revenue and ars. – Respondent


JUDGMENT

1. - In this petition the petitioners have challenged the validity of the order of the Board of Revenue for Rajasthan at Ajmer dated August 28, 1972.

2. The petitioner filed a suit for possession Under Section 183 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act') on October 4, 1958 in the court of the Sub-Divisional Officer, Phalodi, alleging that agricultural lands comprised in Khasra Nov 62 and 62/1, including the Pipalia well situated in village Kotra, Tehsil Osian District Jodhpur was under the tenancy of the plaintiffs, who held a 'Bapi Patta' dated December 4, 1942 in respect of the aforesaid agricultural lands, including the Pipalia well. Defendant Bhura was allowed by means of an agreement dated September 12, 1950, produced in the court of the Assistant Collector, Jodhpur, to continue to remain in possession of the agricultural lands in question as a sub-tenant thereof for a period of two years. The plaintiffs alleged that after the expiry of the aforesaid period of two years, they were unable to obtain possession of the agricultural lands in dispute from Bhura because of the promulgation of the Rajasthan Protection of Tenants Ordinance. Acco




















































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