MATHUR, M.—This matter has been placed before me on account of a difference of opinion rendered by the Division Bench of this Court comprising of Hon'ble Member Shri Pankaj and Hon'ble Member Shri H.S. Punia in D.B. Appeal No. 84/2001 on 5.7.2002.

2. Thumb nail sketch of the facts of the case is as under:

That plaintiff deceased Shri Amir Ali filed a suit under Section 88 & 188 of the Rajasthan Tenancy Act, 1955 (in short to be referred as `the Act') against the present respondents/defendants with the averment that he is in cultivatory possession of 150 bighas of land at Village Janpalia Tehsil Chauhatan District Barmer but the land in cultivation of plaintiff was wrongly recorded in khasra No. 255 instead of khasra No. 258 which belongs to plaintiff himself. Therefore, plaintiff be declared khatedar-tenant of the land bearing khasra No. 258 measuring 150 bighas and permanent injunction be granted against defendants not to interfere in cultivatory possession of the plaintiff on the said land.

3. Defendant/respondents contested the plaint by filing the written statement with allegations that land does not belong to plaintiff. Atai S/o Gafur, who is the khatedar-tenant of the disputed l

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