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2008 Supreme(Raj) 337

MOHAMMAD RAFIQ
Banwari Lal – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared
Ms. Gayatri Rathore, for Petitioner
Rajat Ranjan, for Respondents

Honble RAFIQ, J.—These two writ petitions are directed against the judgment & order dated 6.9.2000 passed by the Board of Revenue whereby, the revision petitions filed by the petitioner were dismissed and the order of the revenue appellate authority dated 13.11.1996 was upheld. The revenue appellate authority also similarly dismissed two appeals filed by the petitioner affirming the order passed by the S.D.O. dated 6.3.1996 by which Tehsildar Chirawa was appointed Receiver in regard to the property of the disputed land under the provisions of Section 212 of the Rajasthan Tenancy Act, 1955.

2. Learned counsel for the petitioner has argued that even the respondents have not disputed that petitioner has remained in possession of the part of the land and on consideration of that fact, operation of the impugned order was stayed by this Court. It is argued that the Courts below have not correctly applied the principles of law regarding appointment of Receiver under the provisions of Section 212 of the Rajasthan Tenancy Act. It was argued that till decision in the main suit, possession of the petitioner may not be interfered with.

3. Learned counsel for the respondents has opposed the writ





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