ABDUL RASHID KHAN Vs. MAHILA KAMLA

JUDGEMENT

(1.) THIS appeal has been filed by plaintiff having lost from both the Courts below.

(2.) IN brief the suit of plaintiff is that the agricultural land in question was given to Chandhkhan, whose legal representatives are present appellants on the basis of sub- tenancy. The appellants initiated the proceedings before the Revenue Court for possession and for declaration of occupancy right and for mesne profit under Sections 91, 163, 188 of Rajasthan Tenancy Act. The case was decided in favour of Chandhkhan. Thereafter Motilal and Kasturibai, preferred an appeal before the Collector and Commissioner, but they were dismissed. However, the revision preferred by Motilal before the Board of Revenue, Gwalior was allowed and the case of Chandhkhan was dismissed. Before passing the order in revision by the Board of Revenue, Gwalior, the possession of land in question was given to Chandhukhan in compliance to the order of the Revenue Courts. After the decision from Board of Revenue in their favour, the respondents submitted an application under Sections 144 and 151, CPC for restoration of possession before Sub Divisional Officer, Sironj which was allowed on 31-3-1967 and it was ordered to deliver possession back to Motilal. This made a cause to the plaintiff to file the present suit.

(3.) THE present suit has been filed for declaration to Bhumiswami rights and injunction which was decreed by the Trial Court on 25-9-68. The appeal filed by Motilal and Kasturibai (present respondents), the same was dismissed on 9-5-72, against which Second Appeal No. 292/72 was filed in this Court and the same was allowed on 13-1-1983 and by setting aside the judgment passed by both the Courts below the case was remanded to the Trial Court. Thereafter, the parties amended their pleadings.