SHYAM GOPAL BINDAL Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the judgment of learned Single Judge of the Rajasthan High Court, Jaipur Bench, dated 03.01.2008 rendered in S.B. Civil Second Appeal No. 305 of 2006 whereby the appeal as well as the application under Order 41 Rule 27 CPC filed by the plaintiff/appellants have been dismissed. The appellants claimed to be owners in possession of the suit land.

(3.) They claim ownership rights on the basis of the order passed by the Additional District Collector, Ajmer, Rajasthan dated 11.01.1971 passed in Case No. 159 of 1970, wherein predecessors- in-interest of the appellants, namely, Meghraj was declared to be owner of the suit land. An application had been filed by Meghraj and his brother on 15.12.1959 in the Court of Additional District Collector, Ajmer, Rajasthan seeking a declaration that the suit land was their personal property. Upon due investigation the declaration was issued that "the lands of the Khasra Nos. 427, 440, 441, 2202, 2241 and 2242 admeasuring 6 bighas 6 biswas 10 biswansi are declared personal properties of the applicants under Section 6 of the Rajasthan Biswedari & Abolition of Jamindari Act."