2001 Supreme(Raj) 750
RAJESH BALIA, H.R.PANWAR
Babu Singh – Appellant
Versus
State of Rajasthan – Respondent
Advocates Appeared:
M.C. Bhoot, for Appellant S.L. Jain and C.L. Jain, for Respondents
.Honble BALIA, J.–Heard learned counsel for the parties. This appeal has come in the facts and circumstances to be noticed hereinafter. Respondent No.6 has lodged a complaint on 3.07.1989 before Tehsildar at Camp Sukharana that the petitioner appellant has forcibly taken possession of 37 bighas of land in chak 5 M.D. which is in the khatedari of applicants husband Akura Ram and a case is going on in that regard, therefore, the said occupant be evicted and possession be delivered to the complainant. On very same day 3.06.1989 the report was taken from Patwari in which it was reported that Babu Singh S/o Niku Singh is residing at said land which he has purchased through registered sale deed. However the report neither says from whom Babu Singh has purchased said property and on what date. As would be noticed hereinafter this lack of information, only goes to show that it was made even without verifying any fact. However acting on that report on that very day an order was made that the petitioner be evicted and land may be delivered to Harijan and the proceedings under Section 75 Rajasthan Tenancy may be taken, in view of the fact that the sale in favour of the petitioner is void ab i
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