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Urban Improvement Trust, Udaipur, Through Its Secretary – Appellant
Versus
Jaitu Kanwar W/o Ummed Singh – Respondent
JUDGMENT/ORDER :
1. The controversy involved in these two writ petitions are related to each other, therefore, both the writ petitions are being decided together.
2. These writ petitions are filed by the petitioner – Urban Improvement Trust, Udaipur (hereinafter to be referred as ‘the UIT’) being aggrieved with the judgments dated 10.03.2021 passed by the Board of Revenue for Rajasthan, Ajmer (hereinafter to be referred as ‘the BOR’) in Appeal Nos.4649/2017 and 4651/2017, whereby the appeals filed by the UIT under Section 223 of the Rajasthan Tenancy Act (hereinafter to be referred as ‘the Tenancy Act’) have been dismissed and revenue suits filed by the private respondents have been decreed with a direction that they be declared as Khatedars of the lands for which they filed the revenue suits. The petitioner – UIT has further been restrained by way of permanent injunction from interfering in peaceful possession and use of the private respondents of the above land.
3. Brief facts of the case are that the private respondents filed two separate suits in the Court of Sub Division Officer, Girwa, District Udaipur (hereinafter to be referred as ‘the SDM’) for declaration and permanent injun
The court established that khatedari rights must be respected and that revenue authorities must maintain accurate records without unjustified alterations.
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
The Gaon Sabha is barred from claiming title over land post finalization of consolidation operations; complaints without signatures lack validity.
The burden of proof is upon the person claiming rights over the land on the basis of adverse possession to prove that the entries in the revenue record were made in accordance with the mode and manne....
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
The main legal point established in the judgment is the requirement for strong documentary evidence to prove continuous possession and khatedari rights over the land, and the significance of concurre....
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
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