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2014 Supreme(Raj) 1794

SANGEET LODHA
Jaiphal Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Sudhir Sharma, Advocate.

JUDGMENT

1. - This writ petition is directed against order dated 18.10.13 passed by the Board of Revenue Rajasthan, allowing an appeal preferred by the petitioners under Section 224 of Rajasthan Tenancy Act, 1955 (for short "the Act") against the judgment and order dated 27.4.04 passed by the Revenue Appellate Authority (RAA), Barmer, setting aside the judgment and decree dated 14.8.02 passed by the Assistant Collector, Jaisalmer in Revenue Suit No.94/99.

2. The relevant facts are that the petitioners filed a suit under Section 88 of the Act seeking declaration that the land measuring 24 bighas comprising khasra no.60/44 situated at village-Keshuon Ki Basti, Tehsil & District Jaisalmer as their khatedari land. The khatedari rights were claimed by the petitioners on the basis of long and continuous cultivatory possession. The suit was contested by the State by filing a written statement thereto, taking the stand that the petitioners were never in continuous cultivatory possession and they are habitual trespasser. On the basis of the pleadings of the parties, the trial court framed the issues and parties led their evidence. In support of the claim, the petitioners placed on record cop









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