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2017 Supreme(Raj) 1774

M.N.BHANDARI
Chhitar – Appellant
Versus
Bhanwari Devi – Respondent


Advocates Appeared:
For the Appellant :Mr. AK Bajpai, Advocate.,
For the Respondent:Mr. Amit Kumar Sharma, Advocate.

JUDGMENT :

M.N. Bhandari, J.

1. By this writ petition, a challenge is made to the order dated 27th April, 2009 passed by the Sub Divisional Officer, Dudu, District Jaipur followed by order dated 12th August, 2009 passed by the Revenue Appellate Authority and the order dated 1st June, 2017 passed by the Board of Revenue, Ajmer.

2. The petitioners preferred a suit for declaration of khatedari rights based on possession. The revenue courts did not find a case pursuant to Sections 15 and 19 of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955").

3. Learned counsel submits that petitioners were in possession of the and thus became holder of khudkasht. Their case is covered by Section 15 of the Act of 1955. The definition of "Khudkasht" given under Section 5(23) and Section 15 of the Act of 1955 are quoted hereunder for ready reference:

"15. Khatedar tenants- (1) Subject to the provisions of section 16 and clause (d) of sub-section (1) of section 180 every person who, at the commencement of this Act, is a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht or who is, after the commencement of this Act, admitted as a tenant otherwise than a sub-tenant or tenant of
















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