GULABCHAND Vs. RAM LAL

JUDGEMENT

(1.) THE respondent Ram Lal filed a suit under secs. 183 & 188 of the Rajasthan Tenancy Act against the present appellants in the court of the Assistant Collector, Jhalawar on 3-8 62. It was stated in the plaint that Ram Lal was khatedar of 12 bighas 6 biswas of land in village Doongargaon, Sub-tehsil Asnawar of which 1 bigha 6 biswas in khasra No. 1112 was recorded as bir. His father had died about 14 years back and he had accompanied his mother to another village to live with his uncle. Taking advantage of her absence and the fact that Ram Lal was a minor, about 10 years back the appellants began to cut the grass in khasra No. 1112 and took unauthorised possession of it. Now that he had become a major, he had tried to stop them cutting the grass but they refused to leave the land, hence he had been compelled to bring the suit In their written statement, the appellants denied the story given by Ram Lal and claimed that they had been in possession for more than 30 years. THE trial court framed seven issues, the most important of which were - Issue No. 1 Had the defendants been in unauthorised possession of khasra No. 1112 for about 10 years ? Issue No. 2 Did the petitioner attain the age of majority only a year ago ? Issue No. 3 Was the omission of a specific date of cause of action in the plaint fatal to the suit ? and

(2.) ISSUE No. 5 Were the defendants in possession of the land for 30 years ? After hearing the parties, the Assistant Collector decided in favour of the plaintiff and decreed the suit for eviction and permanent injunction. In appeal, the Revenue Appellate Authority upheld the decree, hence this second appeal.