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2013 Supreme(Raj) 1914

VIJAY BISHNOI
Prem Singh – Appellant
Versus
The Board of Revenue – Respondent


For the Petitioners:M.S. Singhvi, Sr. Advocate assisted by Varun Singhvi and Manish Patel, Advocates.
For the Respondents:Sundeep Bhandawat, Advocate.

JUDGMENT

1. - This writ petition has been preferred by the petitioners against the order passed by the Board of Revenue, Ajmer in second appeal preferred by the petitioners under section 224 of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955' hereinafter), while challenging the order dated 11.03.1998 passed by the Revenue Appellate Authority and the order dated 16.01.1997 passed by SDO, Jodhpur.

2. Brief facts of the case are that the petitioners filed a revenue suit under section 88 and 188 of the Act of 1955 for declaration of khatedari rights and permanent injunction, while claiming that father of the petitioners Heer Singh was granted patta by the Erstwhile State of Jodhpur on 11.04.1950 for the land falling in Khasra No. 511 measuring 7/3 bighas and Khasra No. 512 measuring 29 bighas of village Chainpura, Mandore. It was alleged in the suit that the land of Khasra No.511 was recorded in the name of petitioner Nos. 1 and 2 only while excluding the petitioner No.3 and the land of Khasra No.512 was recorded as Government land, whereas the land of Khasra No.513 was recorded as Rasta.

3. While claiming possession over the land of Khasra Nos. 511, 512 and 513, it was alleg



















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