KAMDAR KANTALIA THIKANA Vs. HEERSINGH

JUDGEMENT

(1.) THIS is an appeal by Kamdar of Thikana Kantalia against the judgment of a learned single Judge of the High Court of the former State of Jodhpur. It was filed in the Ijlas-i-Khas of the former State and has been transferred to this court for disposal after coming into existence of the State of Rajasthan.

(2.) THE appellant was a defendant in a suit brought by Heer Singh and others for possession of two wells viz. , Bijoria and Lichhmansingh-ki-Dair and twelve Bighas of Sawnu land. THE plaintiffs-respondents claimed to be the Chhut-Bhais of "thikana Kantalia and said that the property in dispute along with one more well and some Sawnu land had been granted to their ancestors by the Thikana for their maintenance. THEir case was that they had been dispossessed from the two wells in Smt. 1935 and from the Sawnu land in Smt. 1993. THEy prayed, therefore, for a decree of possession against the Thikana.