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2006 Supreme(Raj) 2420

SHIV KUMAR SHARMA
Bhuri Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Sanjay Mehrishi, for Petitioners R.P. Kuldeep, Addl. Govt. Advocate for State

Honble SHARMA, J.–Heard learned counsel for the parties.

(2). The predecessor in title of petitioners Narain Singh filed a suit for declaration against Smt. Gainda (predecessor in title of respondents No. 4 to 7) regarding the land in dispute situated in village Kakda Tehsil Deeg claiming to be in possession of the land since Svt. 2014 and acquired khatedari rights. Since despite service the defendant did not appear the Sub Divisional Officer Deeg proceeded exparte and decreed the suit vide judgment dated July 20, 1970. The respondents filed first appeal on June 23, 1973 along with the application under Section 5 of Limitation Act, 1963. On receiving notices the petitioners raised preliminary objections. The appeal came to be dismissed vide judgment dated July 16, 1974. Thereafter the respondents filed second appeal before the Board of Revenue (for short `Board), who vide judgment dated November 11, 1982 dismissed the same holding that the respondents purchased the land in dispute from Gainda after institution of suit, therefore, the transaction was hit by the doctrine of lispendense. It was also held that Smt. Gainda belonged to Scheduled Caste whereas plaintiff belonged to caste F













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