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2009 Supreme(Raj) 152

G.K.TIWARI, ROHIT KUMAR SINGH
Sudarshan Kumar – Appellant
Versus
Laxminarain – Respondent


Advocates Appeared
Surnedra Maheshwari, Counsel, for Appellant;
Y.D. Sharma, Counsel, for Respondent No.1 & 2 pleaded no instruction;
R.K. Gupta, Addl. Govt., for State

Judgment

SINGH, M.—This is second appeal under Section 224 of the Rajasthan Tenancy Act, 1955 (in short `the Act') against the impugned judgment and decree dated 27.1.01 of Revenue Appellate Authority Kota by which he partially allowed the appeal filed before him against the order dated 18.7.2000 of Sub-Divisional Officer Chhabra (Baran).

2. Briefly stated, the facts leading to the appeal are that the appellant-plaintiff filed a suit against the respondents-defendants under sections 88, 89, 91, 188 and 92(A) of the Act before Sub-Divisional Officer Chhabra who dismissed the suit and directed Tehsildar Chhabra to take action under Section 42 of the Act vide his judgment dated 18.7.2000. Aggrieved against this judgment, the appellant-plaintiff preferred an appeal before Revenue Appellate Authority Kota who by his impugned judgment dated 27.1.01 partially allowed the appeal upholding the judgment dated 18.7.2000 of Sub-Divisional Officer but deleting at the same time the direction given by the trial Court to Tehsildar for proceedings under Section 175 of the Act. The appellant has preferred the instant second appeal before this Court against the impugned judgment dated 27.1.01 of Revenu












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