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2007 Supreme(Raj) 1026

P.B.MAJMUDAR, MUNISHWAR NATH BHANDARI
Ram Pratap – Appellant
Versus
Lrs. of Mansukhram – Respondent


APPEARANCES :
Mr. N.S.Acharya, Advocate, for the Appellant.
Mr. H.S.Sandhu & Mr. R.S. Gill, Advocates, for the Respondents.

M.N. Bhandari, J.—This appeal has been filed to challenge the judgment of the learned Single Judge dt. 17.01.2007, decision rendered by the Board of Revenue dt. 30.07.1990, as well as the decision of the Revenue Appellate Authority dt. 12.09.1983. The appellant further prayed for restoration of the order passed by the Assistant Collector dt. 05.11.1981.

2. The facts giving rise to the controversy are that the appellant–petitioner preferred a suit under Secs 88, 188 and 92-A of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as ‘the Act of 1955’) before the Assistant Collector, Nohar. The appellant had come out with a case that land of old Khasra No.346 was in continued possession of the appellant’s father since before Samvat 1990 and, in Samvat 2005, the appellant was separated from his father and the land was given to him. Since Samvat 2005, the appellant claimed to be in continuous peaceful and unobstructed possession of the land. In para 2 of the plaint, the appellant stated that he was eligible for allotment of said land as per Bhakhra Colonization Land Settlement and Allotment Rules, 1955 (in short, ‘the Rules of 1955’). The appellant submitted that in pursuant to the


























































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