HAJARI Vs. BHANWR LAL

JUDGEMENT

(1.) THIS is a second appeal under section 224 Rajasthan Tenancy Act against the Revenue Appellate Authority's judgment and decree dated 31-12-1963.

(2.) PLAINTIFF-respondent Bhanwerlal instituted a suit under sec. 183 of the Rajasthan Tenancy Act in the court of the learned Assistant Collector, Aklera alleging that the present appellant Hazari, to be hereinafter called the appellant, took over the possession of 8 bighas of land called Kesarjiwala situate in village Akawad Khurd of Tehsil Khanpur from Bhanwerlal the plaintiff, to be hereinafter called the respondent. The respondent had in this suit contended that as per Jamabandi for the period Samvat 2016 to 2019 the land in dispute was in the Khata of the respondent and the appellant forcibly occupied it in Samvat year 2012. The appellant denied plaintiff's contention and challenged the maintainability of the respondent's claim on the grounds inter-alia that the respondent had in writing surrendered the land in dispute to the erstwhile Jagirdar of village Akawad Khurd and after such surrender, the ex-Jagirdar had leased this land to the appellant by a Patta, that the appellant is in continuous cultivatory possession of the land since Samvat year 2009 and had been paying rent to the Jagirdar, through the Tehsildar, till the resumption of the Jagir and thereafter to the Government and that the respondent's tenancy has terminated. Issues, in all 5, were struck on the 18th of August, 1962. The plaintiff-respondent came in evidence supported by witness Kana, while the appellant-defendant came in evidence supported by Jagannath Singh, ex-Jagirdar of village Akawad Khurd. The plaintiff has filed a copy of the Jamabandi, while the defendant has filed the Patta held by him from the Jagirdar and the document whereby this land is alleged to have been surrendered by the respondent to the ex-Jagirdar.