JUDGMENT

S.C. AGRAWAL, J.-

This appeal by the State of Rajasthan arises out of proceedings initiated by the Tehsildar, Tehsil Jaipur, under Section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as "the Act") in respect of land measuring about 15 big has falling in Khasra Nos. 477 and 488 of Village Bhojpura, which is now part of Jaipur city. There are houses and shops on the said land and the persons in occupation of the same were paying rent to Respondent 1, Smt Padmavati Devi. By order dated 16-1-1968 the Tehsildar directed that notices be sent to all these persons asking them to deposit rent in the Tehsil and also for issuing a notice to Respondent 1 to show cause as to how she has been letting the premises in the "Sawai Chak" (Government land) and selling pieces of the land. In pursuance of the said order a notice dated 30-1-1968was served on Respondent 1. In response to the said notice Respondent 1 filed a reply on 19-3-1968 stating that the land is not "Sawai Chak" and that she is the owner of the land and has been in continuous possession of the same since long and that no proceedings could be taken against her under Section 91 of the Act and that she has a right to realise the rent in respect of the premises constructed on the said land. By order dated 8-12-1969 the Tehsildar rejected the said objections of Respondent 1 and held that the land has been entered as "Sawai Chak" in the revenue records and that the rent according to the schedule be realised from the tenants and that if Respondent 1 has got right of any kind then she should get her right settled by the court of law. The appeal filed by Respondent 1 against the said order of the Tehsildar was dismissed by the Collector, Jaipur District, by order dated 1-2-1971. On further appeal the Revenue Appellate Authority by judgment dated 1-7-1971 set aside the orders of the Tehsildar and the Collector. The said order of the Revenue Appellate Authority was set aside, on revision, by the Board of Revenue, by judgment dated 18-6-1973, and it was directed that Respondent 1 be evicted from the land forthwith under Section 91 of the Act and the construction made thereon be suitably dealt with under the said section. Respondent 1 filed a writ petition (Civil Writ Petition No. 2226 of 1973) against the said judgment of the Board of Revenue which was allowed by the Rajasthan High Court by judgment dated 27-8-1979. Hence this appeal.

2. Under Section 91 of the Act a person in occupation of Government land without lawful authority is to be regarded as a trespasser and he can be summarily evicted from such land by the Tehsildar after serving on such person a notice requiring him to show cause why he should not be so evicted there from.

3. In the instant case, Section 91 of the Act has been invoked on the basis that the land is recorded as "Sawai Chak" in the revenue records for the year Samvat 2015 (1958 AD) and that in the Parcha Khatani dated 9-2-1953 that was given to Praduman Ojha, the husband of "Respondent 1, there is no mention of this land.

4. Respondent 1 has claimed her title over the land in dispute on the basis of patta executed by the Government of the former State of Jaipur on 10-10-1909 in respect of 70 big has of land, including the land in dispute, whereby a lease for a period up to Samvat 1994 (1937-38 AD) was granted to her husband, Praduman Ojha. The case of Respondent 1 is that before the expiry of the period of the lease under the said patta the Government of the former State of Jaipur issued Tenancy Rules for Chakbandi Villages on 23-12-1931 which were brought into force with effect from 1-9-1931 and that under Rule 2 of the said rules a right was conferred on every tenant to occupy his holding for his lifetime and in view of Rule 4, on the death of a tenant, his heir was entitled to retain possession of the holding for a period of five years from the first day of September next following the date of the tenants death, on payment of the ren