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2010 Supreme(Raj) 76

RAKESH HOOJA, G.K.TIWARI
Murti Mandir Shri Jugalkishore – Appellant
Versus
Phelu – Respondent


Advocates Appeared
Hemant Sogani, for Appellants;
Gopal Sharma, for Respondent

DR. HOOJA, M.—This is an appeal under Section 225 of the Rajasthan Tenancy Act, 1955 (in short `the Act') against the judgment dated 13.9.06 of Revenue Appellate Authority Sawai Madhopur.

2. Briefly stated, the facts leading to the appeal are that the respondent-plaintiff filed a suit against the deity Murti Mandir Shri Jugal Kishore Ji Maharaj (appellant-defendant) for declaration of sub-tenancy rights in the disputed lands which stand in the khatedari right of the deity. The trial Court of Sub-Divisional Officer Gangapurcity after hearing rival parties dismissed the suit by his judgment and decree dated 29.9.05 which was challenged by the respondent plaintiff through an appeal under Section 223 of the Act before Revenue Appellate Authority Sawai Madhopur who set aside the judgment and decree dated 29.9.05 of Sub-Divisional Officer Gangapurcity and remanded the case by his judgment dated 13.9.06 to the trial Court for re-hearing and re-decision. Aggrieved against the impugned remand order of Revenue Appellate Authority Sawai Madhopur the instant appeal under Section 225 of the Act is filed before us.

3. We have heard the learned counsels of both the parties.

4. The learned counsel







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