Honble GUPTA, J.—Heard learned counsel for the parties.

2. The petitioner has filed this writ petition challenging the order Annexure-3 passed by the learned Board of Revenue accepting the appeal of the State, and dismissing the plaintiffs suit.

3. The plaintiff filed the present suit for declaration, and injunction, alleging interalia to be in possession of the land as tenant from the then Jagirdar since Samvat 2011, and consequent upon resumption of Jagir, and commencement of Rajasthan Tenancy Act he became Khatedar, as he was in possession as a tenant. It was alleged that the settlement authorities have recorded the land as Oran and Rasta, and are threatening to dispossess, therefore, the suit has been filed for declaration.

4. The suit was contested, pleading interalia that the land is of Oran and Rasta, and the petitioner has simply trespassed over the land, but does not get any Khatedari rights, and therefore, the suit was prayed to be dismissed.

5. The learned trial court found, that in the revenue record the land is recorded as unoccupied Oran and Rasta, and that the plaintiff has failed to produce any reliable material show the land to have been given on tenancy by the State,

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