1995 Supreme(Raj) 457
RAJASTHAN HIGH COURT
Honble B.R. ARORA & D.C. DALELA, JJ.
Latif and Others - Appellant
Versus
State of Rajasthan and Others - Respondents
D.B. Civil Writ Petition No. 603 of 1984
Decided On : August 17, 1995
H.C. Jain, for Petitioners C.R. Jakhar, Additional Government Advocate Barkat Khan, for Respondents Hemant Choudhary, for the State
Headnote:Rajasthan Tenancy Act, 1955, Sec. 88 – Suit for declaration of khatedari rights for the land in cultivatory possession – Evidence has to be discussed properly by the Board of Revenue – The Board has to give reasons for accepting or not accepting the evidence – It gives the higher authorities to judge the correctness and legality of the judgment passed by the Revenue – Held – The Board has not properly considered the appeal in accordance with the directions given by the Supreme Court – Order quashed and set aside.
``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