Honble ARVIND, M.—This is an application under Section 151 CPC presented by learned advocate on behalf of the non-petitioners. By this application dated 5.2.2007 learned advocate on behalf of the non-petitioners has argued that the order of permitting the non-petitioners to retain possession by depositing security amount to the tune of Rs. 300/- per bigha per year is illegal and improper, hence this order may be withdrawn.

2. This order was passed in the revision No. 7575/06 pending before this Court. To understand this matter properly the background of the revision is necessary to be explained here.

3. The present revision petition has been filed under Section 230 of the Rajasthan Tenancy Act against the order of the learned Revenue Appellate Authority, Jodhpur dated 6.9.2006 wherein he has dismissed the appeal filed by the petitioners against the order of the learned Assistant Collector, Jodhpur dated 30.9.2005. Briefly stated the facts of the present case are that the disputed land of village Dhava comprised in khasra No. 723 measuring 37 bighas and 5 biswas in claimed to be the khatedari land of late Shri Bhura Ram. Late Shri Bhura Ram has died and the petitioners are the khatedari tenants of the land in question as being his legal representatives.

4. The petitioners filed an application under Section 183(B) of the Rajasthan Tenancy act before the Tehsildar, Luni. On the application, the Tehsildar, Luni has called for the report of the patwari vide his order dated 27.7.2005. The non-petitioners did not appear before the court of Tehsildar to defend application under Section 183(B) of the Rajasthan Tenancy Act but they filed a revenue suit in the Court of Assistant Collector for declaration and permanent injunction. Along with the suit, the non-petitioners/plaintiffs filed an application under Section 212 of the Rajasthan Tenancy Act for the grant of temporary injunction. The reply of the application was filed by the present petitioners and in the reply it was prayed that either receiver be appointed over the land in question or the land in question be allowed to remain in possession of either of the parties on payment of Rs. 30,000/- as cash security. The trial Court vide its judgment dated 30.9.2005 allowed the application filed by the non-petitioners and the ex parte order of temporary injunction dated 2.8.2005 in respect of 37.05 bighas land of khasra No. 723 situated in village Dhava was confirmed. The order was confirmed by the learned Revenue Appellate Authority, Jodhpur vide his order dated 6.9.2006.

5. The learned counsel for the petitioner has submitted that the respondents are in illegal possession of the land in question. On application under Section 183(B) of the Rajasthan Tenancy Act is pending before the Tehsildar, Luni for their ejectment. It was also submitted that the petitioners are the khatedar tenants of the land in question as per the revenue record and no order of temporary injunction or permanent injunction can be issued against a khatedar tenant. He has relied on the judicial pronouncement of the Honble Rajasthan High Court reported in 2001 DNJ 486. He has further submitted that as per the full bench decision of the Honble Rajasthan High Court reported in 1995 RRD page 76 passed in case of Surja Ram vs. State of Rajasthan, the land be allowed to remain in possession or either of the parties on payment of cash security worth Rs. 30,000/- per year.

6. That the above revision petition was admitted by this Court on 30.11.2006 and it was ordered for interim arrangement that if the non-petitioners deposit cash security @ Rs.300/- per bigha per year, they be allowed to remain in possession of the disputed land. If the cash security is not paid, the receiver will take possession of the land in question. The notices were issued by this Court on the respondents.

7. The respondents have appeared through their learned counsel Shri Duni Chand. The learned counsel for the respondents has filed an application under Sect

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