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2015 Supreme(Raj) 920

ALOK SHARMA
Shyonath – Appellant
Versus
Rajasthan Board of Revenue Ajmer – Respondent


Advocates Appeared:
For the Petitioners: R.K. Goyal, Peush Nag and Raghvendra Singh
For the Respondents: Reashm Bhargava

JUDGMENT :

Alok Sharma, J.

The petitioners-defendants (hereinafter "the defendants") challenge the judgment and decree dated 10.09.2009 passed by the Board of Revenue, Ajmer (hereinafter "the Board"). Thereby the Board has set aside the judgment and decree dated 19.09.1997, passed by the Revenue Appellate Authority, Ajmer (hereinafter "RAA") upholding the judgment and decree date 08.02.1979, passed by the Assistant Collector (U/N), Ajmer dismissing the respondents-plaintiffs' (hereinafter "the plaintiffs) suit for permanent injunction under Section 188 of the Rajasthan Tenancy Act, 1955 (hereinafter "the Act of 1955").

2. The facts relevant to the case are that the plaintiffs filed a suit bearing No.38/1978 in the Court of the Assistant Collector, Ajmer on 01.09.1975 stating that they by way of an oral sale purchased land ad measuring 4 bishwa 10 biswa 10 biswansi in khasra No.802 from one Nauratmal on 26.08.1970 and came into possession. It was submitted that consequently in the khasra girdawari of samvat 2030 & 2031 (1974 & 1975) the plaintiffs' possession was reflected. And that possession continued thereafter and yet the defendants were bent upon dispossessing the plaintiffs from








































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