SHARMA, M.—This appeal has been preferred by the State of Rajasthan under Section 224 of the Rajasthan Tenancy Act, 1955 (hereinafter mentioned as the Act) being aggrieved by the judgment and decree passed by the Settlement Officer-cum-Revenue Appellate Authority, Jodhpur in Appeal No. 9/2005 on 27.6.2005.

2. The thumb nail sketch of the case is that the respondents/plaintiffs filed a regular suit against the State of Rajasthan under Section 88 and 188 of the Act in the court of Assistant Collector, Sheo (Barmer). The trial court decreed the suit on 2.9.2004. The State assailed the judgment & decree of the trial court before the Settlement Officer cum Revenue Appellate Authority, Jodhpur. The first appellate court dismissed the appeal filed by the State on 27.6.2005. Being aggrieved by this judgment & decree passed by both the lower courts this second appeal has been filed in this court.

3. Heard the learned counsels of the parties.

4. The learned Govt. Advocate contended that the judgments & decrees passed by both the lower courts are contrary to the evidence available on file and against the basic principles of settled law. He submitted that the respondents had trespassed some porti

Click Here to Read the rest of this document