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2007 Supreme(Raj) 1877

MOHAMMAD RAFIQ
Geega Ram – Appellant
Versus
The Board of Revenue – Respondent


Advocates:
For the Petitioner:Shri S.K. Singodiya, Advocate.
For the Respondent:Shri M.M. Ranjan, Advocate.

JUDGMENT

1. 1. The petitioners have by this writ petition challenged the judgment dated 18.12.2000 passed by the Board of Revenue and the judgment dated 13.5.1997 passed by the Revenue Appellate Authority and prayed that the judgment passed by the Sub-Divisional Officer, Nawalgarh (for short- the SDO) dated 13.1.97 be restored and it be declared that petitioners are khatedars of land of khasra no.734 measuring 0.70 hectares situated at Tan Jahaj, Tehsil Udaipurwati, District, Jhujhunu.

2. The petitioners filed a revenue suit before the SDO inter alia on the premise that a portion of khasra no.733 measuring 1.30 hectares and khasra no.734 measuring 0.70 hectares were part of old khasra no.521 measuring 7 bighas and 8 biswas. This land is situated in Village Tan Jahaj, Tehsil Udaipurwati, Distt. Jhunjhunu. Old khasra no.521 was entered in the name of the petitioners and their ancestors but later on at the time of Settlement, khasra no.521 was divided into two parts namely khasra no.733 and 734. While earlier khasra no.733 continued to be recorded in the name of the petitioners, the Settlement entered khasra no.734 in the name of respondent no.4. A Revenue suit was therefore filed seek











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