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2014 Supreme(Raj) 2023

AJAY RASTOGI, VEERENDR SINGH SIRADHANA
U. I. T. Alwar – Appellant
Versus
Board of Revenue – Respondent


Advocates:
For the Appellants:R.K. Mathur, Sr. Advocate with Aditya Mathur, Advocate.
For the Respondents:R.K. Agarwal, Sr. Advocate with Bhanu Pareek, Advocate.

JUDGMENT

1. Since both the instant intra-court appeals have been preferred against the self same judgment of the learned Single Judge impugned herein dated 30.08.2011, hence heard together & being disposed of by the present common order.

2. The brief facts are that a suit came to be filed by Tahsildar on behalf of State of Rajasthan in respect of suit land in the court of Sub-Divisional Officer, Alwar on 30.11.1968. It reveals from the material on record that the suit land was purchased by one Banarsi Das on 06.01.1949 from the erstwhile Biswedar and the predecessor-in-title of respondent Ram Narayan purchased the suit land by registered sale deed on 19.02.1955 from Banarsidas and thereafter mutations no.125 & 195 were opened in favour of the predecessor-in-title of the respondent Ram Narayan on 05.09.1956.

3. However, the State Government was of the view that as a result of coming into force of the Rajasthan Zamindari & Biswedari Abolition Act,1959 (Act,1959), the suit land in question being Banjar & having vested with the State, the State Government became owner of the suit land and Ram Narayan was a trespasser and accordingly proceedings were initiated u/S 91 of the Rajasthan Land















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