Honble MATHUR, J.–This Special Appeal is directed against the judgment of the learned Single Judge dt. 4.4.1997, whereby he allowed the writ petition filed by the respondent Teja and set- aside the order of the Board of Revenue dt. 18.7.1992 following the Division Bench judgment of this Court in Anandi Lal vs. State of Rajasthan (1).

(2). Briefly stated the facts of the case are that the first respondent Teja filed a declaratory suit under Sec. 88 of the Rajasthan Tenancy Act, 1955, hereinafter referred to as ``the Act of 1955, against Chhoga and fourth respondent Bhera in the Court of Assistant Collector, Bhinmal. He claimed to be in the cultivatory possession of 58 bighas and 19 biswas of land in Khasra No. 100 in village Metriwada, District Jalore, much prior to 15.10.1955 i.e., before coming into force the Act of 1955. Thus, according to him, he became khatedar tenant of the land in view of Sec. 15 of the Act of 1955 but at the time of first settlement, the said land was wrongly entered in the name of Chhoga, father of respondent No. 3, who was working as his labourer. The said land was later-on transferred to the fourth respondent. According to first respondent Teja, it was a p

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