MADHUPURI Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) MADHPURI a successful plaintiff in a revenue suit filed this writ application, with the prayer that a writ of certiorari be issued against the judgment of Baard of Revenue dated 28 -2 -74 and 16 -3 -73 may also be quashed by which the decree of the two lower courts was reversed.

(2.) THE revenue suit under Section 188 of the Rajasthan Tenancy Act was passed on the ground that petitioner is a Khetedar and the defendants are dying to interfere with his possession and, therefore, they must be restrained from interfering with his possession on the suit agricultural land. The basis of the right of Khatedari was allowed before sale by respondents to Kaloopuri, father of the plaintiff and delivery of possession of this agricultural land on Jeth sud 11 Smt. 2007 for Rs. 500 CO. Consequently. mutation proceedings and the entry in the mutetion in favour of the plaintiff's father dated 22 -12 -56 was relied upon. There was further mutation in favour of the plaintiff himself after the death of father on 12th June, 1961.

(3.) THE principal reason given by the Board of Revenue is that the suit wss bssed on khatedari rights and the plaintiff claims title through a sale deed, which was unregistered and never came on the record and that being so, it could not pass any valid title in favour of the plaintiff or his father.