LALTAPRASHAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Revenue Appellate Authority, Kota dated 13-12-1967, whereby he partly accepted the appeal of the applicant against the order of the Collector, Kota dated 9-11-66 and reduced the penalty to Rs. 300/- while holding that the petitioner-appellant was a trespasser and, therefore, the order of ejectment passed against him was fully justified.

(2.) THE learned counsel for the applicant has argued that the land in question had been purchased by the applicant from one Ramlal Bheel in 1959, though the sale-deed was got registered in 1966. It is urged that in holding the applicant to be a trespasser over the Government land, the lower court has committed an illegality. In this connection, a reference has been made to the report of Ram Gopal Inspector Land Records dated 20-2-66 showing his inability to determine the title of the applicant for want of record. At any rate, it is argued that from the aforesaid report the occupation of Ramlal over the disputed land stands confirmed. It is also urged that the disputed land was part of the Abadi land and normally, therefore, no revenue record was available showing the individual possession. It is argued that in ignoring this fact, the lower courts have fallen into an illegality which deserves to be cured in revision.