SUPARIA Vs. BOARD OF REVENUE FOR RAJASTHAN AJMER

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution has been presented to obtain a writ of the certiorari quashing the order of the Board of Revenue dated 28th July, 1960.

(2.) THE brief facts ate that Mst. Gaindi, the respondent No. 3, filed a suit against the petitioners in the Court of the Sub Divisional Officer of Bharatpur on roth October, 1955, in which she prayed for a declaration that she was in cultivating possession of the disputed lands and also for an injunction restraining the defendants from interfering with her possession. THE lands in suit cover an area of 31 bighas and 5 biswas and are comprised in various khasras. THE defendants-petitioners who contested that suit claimed that they had tenancy rights in the land and as such they could not be dispossessed. THE learned Sub-Divisional Officer by his judgment dated nth November, 1954, dismissed the suit; but on appeal the Additional Commissioner, Jaipur, by his judgment dated 31st July, 1956, decreed the same. It Was held by the latter that the plaintiff was entitled to get possession of the land and that the defendants had no tenancy rights therein. Against that decision the petitioners carried an appeal to the Board of Revenue and the said Board by its judgment dated 28th July, 1960, eventually dismissed the appeal and upheld the order of the Additional Commissioner decreeing the plaintiff's suit.