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SUDESH BANSAL
Ramesh Chand @ Ramesh Prakash S/o Shri Prabhu Daya – Appellant
Versus
Ram Kanwari (Since Deceased through her LRs. ) – Respondent
JUDGMENT :
SUDESH BANSAL, J.
1. Petitioner is plaintiff, who has preferred instant writ petition, purportedly under Article 226 of the Constitution of India which indeed must have been filed under Article 227 of the Constitution of India, challenging the judgment dated 07.10.2003 passed by the Board of Revenue, dismissing his Second Appeal No. 54/2002 and affirming the judgment dated 17.07.2000 passed by the Revenue Appellate Authority, Kota in Appeal No. 146/2000, so also, the judgment dated 26.06.2000 passed by the Sub-Divisional Officer, Aklera in Revenue Suit No. 1197/1994 whereby and whereunder, the plaintiff’s suit filed under Sections 88 and 91 of the Rajasthan Tenancy Act for declaration of khatedari rights on the land in question, on the basis of adverse possession has been dismissed on merits.
2. Heard counsel for petitioner and counsel for State at length and perused the record.
3. The relevant facts, in brief, as culled out from the record are that the petitioner-plaintiff instituted a revenue suit on 16.03.1994 against one Smt. Ram Kanwari and State of Rajasthan through Tehsildar under provisions of Sections 88 and 91 of Rajasthan Tenancy Act, asserting that land of Khasra
Adverse possession cannot be claimed by a General Caste individual over land owned by a Scheduled Tribe individual, as per Section 42 of the Rajasthan Tenancy Act.
A sale of land belonging to Scheduled Caste in violation of Section 42(b) of the Rajasthan Tenancy Act is void, and khatedari rights cannot be claimed through adverse possession.
A sale of land belonging to Scheduled Caste members in violation of Section 42(b) of the Rajasthan Tenancy Act does not confer khatedari rights through adverse possession.
The Board of Revenue exceeded its jurisdiction by reversing the Revenue Appellate Authority's well-reasoned findings based solely on the non-production of evidence, which was not a deliberate act of ....
Point of Law : Proceedings initiated under Section 175 of Rajasthan Tenancy Act, 1955 were justified and learned Board of Revenue, after duly taking into consideration facts and circumstances of case....
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
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