Honble ARORA, J. – Petitioners Latif and Others, who are in the cultivatory possession over 350 Bighas of agricultural land of Khasra No. 85 situated in village Konra tehsil Chautan district Barmer, filed a suit in the Court of the Assistant Collector, Barmer, for declaration of their Khatedari rights. The suit filed by the petitioners was dismissed by the learned Assis- tant Collector, Barmer, by holding that it is triable by the Civil Court and not by the Revenue Court. Dissatisfied with the judgment dated 12.7.61 passed by the Assistant Collector, Barmer, dismissing the suit filed by plaintiff-petitioners Latif and others, they preferred an appeal before the Revenue Appellate Authority , Bikaner (Camp Jodhpur). The Revenue Appellate Authority, by its judgment dated 14.4.1962, allowed the appeal filed by Latif and others and remanded the case for trial to the Court of the Assistant Collector, Barmer. The Assistant Collector, Barmer, again dismissed the suit filed by Latif and others preferred an appeal before the Revenue Appellate Authority, Bikaner (Camp Jodhpur), who by the judgment dated 31.7.67, again, allowed the appeal filed by them and remanded the case to the learned Assistant Collector, Barmer, for framing fresh issues and to decide the suit in accordance with law. The Assistant Collector, Barmer, again, by the judgment dated 17.12.69, dismissed the suit filed by plaintiffs Latif and others. Plaintiffs Latif and others filed an appeal before the Revenue Appellate Authority, Jodhpur, who, by its judgment dated 27.9.73, dismissed the appeal filed by the plaintiff. A review petition was preferred by the petitioners before the Revenue Appellate Authority, Jodhpur, and the Revenue Appellate Authority, by the judgment dated 21.6.84 allowed the review peti- tion and declared the plaintiff-petitioners as the Khatedar tenants for 150 Bighas of land situated in Khasra No. 85 of village Konra, as the petitioner were in the cultivatory possession on 6.1.1950. The Gram Panchayat, KOnra, aggrieved with the judgment dated 21.6.74, passed by the Revenue Appellate Authority, Jodhpur, preferred an appeal before the Board of Revenue and the learned Member of the Board of Revenue, by its judgment dated 29.6.78, allowed the appeal filed by Gram Panchayat, Konra and set-aside the order dated 21.6.74 passed by the Revenue Appellate Authority, Jodhpur. Aggrieved of the judgment dated 29.6.78, passed by the Board of Revenue, the petitioners preferred a writ petition before this Court. The writ petition, filed by the petitioners, was dismissed by the High Court in limini vide judgment dated 23.1.79. The petitioners preferred Special Leave Petition before the Supreme Court and the Honble Supreme Court, by its judgment dated 21.8.81 passed in the Special Appeal, while allowing the appeal, observed as under :–

``We are of the view that when the High Court found that the Revenue Board had taken into accounts extraneous evidence which was not on the record of the case and which was not admissible, the High Court should have remanded the case back to the Revenue Board for disposing it of according to law in the light of the evidence on record. We, therefore, allow the appeal, set-aside the order of the High Court as also the order of the Revenue Board and remand the case to the Revenue Board so that the Revenue Board may dispose it of in accordance with law in the light of the evidence which is on record.

The Revenue Board will not take into account any evidence which is not on record in the case. Since the case is an old one, the Revenue Board will dispose it of within one month from the date of receipt of the writ of this Court. There will be no order as to costs. The case was again heard by the Division Bench of the Board of Revenue and the Division Bench of the Board of Revenue, by its judgment dated 8.11.83, agreeing with the view taken by the Division Bench of the Board of Revenue earlier on 9.6.78, accepted the appeal filed by the Gram Pancha

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