SHARMA, M.—This appeal is being reheard by this court in compliance of the High Court judgment dated 2.7.1998 passed in S.B. Civil Writ Petition No. 3176/90.

2. The brief facts of this case are that Shri Bheru Ram filed a suit under Section 88 and 188 of the Rajasthan Tenancy Act (in short the `Act') against Shri Harjee, Deva and Smt. Tulsi in the court of Assistant Collector, Barmer. The land in dispute is khasra No. 379 measuring 108 Bigha 3 biswa in village Sanawara. In his plaint Shri Bhera averred that 1/2 share of the disputed land is being cultivated by him since his birth but the settlement department entered the entire land in name of the defendants- Shri Harjee et. al. The trial court decreed the suit on 7.5.1981. The appellants/ defendants filed the first appeal in the court of Revenue Appellate Authority, Jodhpur who dismissed the appeal on 5.6.1982 and concurred with the trial Court. The appellants filed the second appeal in this court which was accepted on 27.12.1988 and the judgments & decree of the lower courts were quashed. The respondents also filed a review petition in this court, which was also dismissed by this court on 16.6.1990 the respondents filed a writ pe

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