2013 Supreme(Raj) 1743
VINEET KOTHARI
Khema Ram – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Moti Singh, Advocate.
JUDGMENT :
1. The petitioner has approached this Court by way of present writ petition aggrieved by order dated 14.08.2013 (Annex.8) passed by learned S.D.O., Nokha, on an application filed by the respondent No.3- Chetan Ram S/o Lakha Ram (real brother of the present petitioner) under Section 212 of the Rajasthan Tenancy Act, 1955, (for short, hereinafter referred to as 'Act of 1955') for appointment of Receiver on the land in dispute of Khasra Nos. 391 and 392, situated at Village-Sinyala, Tehsil Nokha, District: Bikaner.
2. The dispute is between the two brothers and according to the plaint, there was division of said agricultural land by mutual agreement of 02.02.1983. But, in the suit filed by the respondent No.3/plaintiff, Chetan Ram S/o Lakha Ram, against the petitioner/defendant, Khema Ram S/o Lakha Ram, the plaintiff has claimed that the land of Khasra No. 391 measuring 3.17 Hectares be declared to be in the account of the plaintiff, whereas the land measuring 3.14 Hectares of Khasra No.392 may be declared in the account of the defendant/petitioner, Khema Ram.
3. Mr. Moti Singh, learned counsel for the petitioner/defendant submitted that the suit was registered by the learned
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