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2005 Supreme(Raj) 2353

SHIV KUMAR SHARMA
A. H. Khan – Appellant
Versus
B. O. R. – Respondent


Advocates Appeared
Ajeet Bhandari, for Petitioner
B.P. Pareek, for Respondents

Honble SHARMA, J.—The suit filed by petitioners (for short plaintiffs) against the respondents (for short defendants) was dismissed by Sub Divisional Officer Dausa on June 8, 1979 holding that the plaintiffs could not claim to be the khatedar tenant under section 19 of Rajasthan Tenancy Act, 1955 (for short the Act). Plaintiffs first and second appeals were also dismissed by the Revenue Appellate Authority and Board of Revenue. Hence this writ petition.

(2). Contextual facts depict that the plaintiffs filed a declaratory suit on July 21,1956 claiming that they were khatedar tenant of khasra No. 203/1 (395/1 and 396) measuring 8 bighas 2 biswas. The plaintiffs had been in cultivatory possession of the land in dispute much before Svt. 2012 and they should have been declared as khatedar tenant of the land. The defendants in their written statement pleaded that the land in dispute had been in their possession and they were khatedar of the said land. Sub Divisional Officer Dausa vide judgment dated June 8, 1979 dismissed the suit. Revenue Appellate Authority Jaipur vide judgment dated November 18, 1982 agreed with the findings of Sub Divisional Officer and dismissed the first appeal. Pla






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