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2012 Supreme(Raj) 92

PRAMIL KUMAR MATHUR
State of Rajasthan – Appellant
Versus
Navi Khan – Respondent


Advocates Appeared
Vijendra Choudhary, Dy. Govt. Advocate, for State;
Dhanesh Dutt Sharma, for Respondents No.1 & 2;
None present on behalf of Respondents No.3 & 4

MATHUR, M.—This reference has been made by Additional Collector, Deeg (Bharatpur) under Section 232 of the Rajasthan Tenancy Act, 1955 (in short to be referred as `the Act') by order dated 13.3.2003.

2. Brief facts of the case are that non-petitioners No. 1 & 2 filed a suit in the court of Assistant Collector, Kama claiming that 1/4th portion of the disputed lands situated at Village Luhesar bearing khasra Nos. 129 min area 0.12 hectare, 130 min area 0.03 hectare, 131 min area 0.12 hectare, 132 min area 0.69 hectare, 135 min area 0.03 hectare, 136 min area 0.56 hectare was given to them for perpetual cultivation by the father of non-petitioners No. 3 & 4 in Samvat 2016 and since then the disputed land has continuously been cultivated by them, but is not so recorded in the revenue records. Hence, on the basis of long cultivatory possession, it may be declared that they are the khatedars of disputed land. Believing on the consented written statement filed by non-petitioners No. 3 & 4, the Assistant Collector, Kama decreed the suit on 15.3.1994 and ordered to record the above mentioned disputed lands in favour of non-petitioners No. 1 & 2 as khatedar tenant. On the basis of this judgme















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