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2018 Supreme(Raj) 1696

K.S.JHAVERI, VIJAY KUMAR VYAS
Rameshwar – Appellant
Versus
Board Of Revenue – Respondent


Advocates Appeared:
Mr. N.K. Maloo, Sr. Adv. With Mr. N.K. Singhal, Advs., for the Petitioner; Mr. Himanshu Sogani and Mr. Amit Kuri, Advs., for the Respondent

JUDGMENT

1. By way of this appeal, the appellants have assailed the judgment and order of the learned Single Judge dt. 12.2.2008 whereby learned Single Judge has dismissed the writ petition which has been filed against the order of Board of Revenue and confirmed the order of the authorities.

2. Counsel for the appellants has raised following contentions which reads as under:-

2.1 The provisions relevant for decision of this case are Section 15 and 19 of Rajasthan Tenancy Act. Relevant portions of which are quoted below:-

    Section 19 - Conferment or rights on certain tenants of Khudkasht and sub-tenants:-(1) Every person who, at the commencement of this Act,-

    (a) was entered in the annual registers then current as a tenant of Khudkasht or subtenant of land other than gove land, or

    (b) was not so entered but was a tenant of khudkasht or sub-tenant of land, other than grove land, shall, as from the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1959, hereinafter in this Chapter referred to as the appointed date, become, subject to the other provisions contained in this chapter, the khatedar tenant of such part of the land held by him.

    Section 15- Khatedar tenants

    1. Subj

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