2014 Supreme(Raj) 1437
DINESH MAHESHWARI, VIJAY BISHNOI
LR’s of Ali Khan – Appellant
Versus
Board of Revenue for Rajasthan – Respondent
Advocates:
For the Appellant:L.D. Khatri, Advocate.
JUDGMENT
1. By way of this intra-court appeal, the petitioners appellants seek to question the order dated 23.01.2014 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No.7563/2008) preferred against the judgment and order of the Board of Revenue for Rajasthan, Ajmer ('the Board') dated 21.01.2008 whereby the Board had accepted the reference made by the Collector, Jaisalmer under Section 232 of the Rajasthan Tenancy Act, 1955 ('the Act of 1955') and set aside the judgment and decree dated 31.03.1994 passed by the Sub-Divisional Officer, Pokaran ('the SDO') in favour of the petitioners-appellants in Revenue Suit No.34/1989.
2. The petitioners-appellants had filed the said revenue suit seeking declaration of khatedari rights over 382 bighas of land comprised in khasra No.527 of Revenue Village Rajmathjai claiming their possession over the same before commencement of the Act of 1955. The SDO decreed the suit to the extent of 304 bighas of land by the impugned judgment and decree dated 31.03.1994.
3. The reference came to be made against the judgment and decree aforesaid, inter alia, on the ground that khatedari rights had already been conferred upon the
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