HEERA Vs. BOARD OF REVENUE AT AJMER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-plaintiff being aggrieved with the judgment dtd. 23/3/2022 (Annexure-14) passed by the Board of Revenue for Rajasthan, Ajmer (hereinafter to be referred as 'the Board of Revenue') in the second appeal filed by the respective respondent-defendants under Sec. 224 of the Rajasthan Tenancy Act, 1955 (hereinafter to be referred as 'the Act of 1955').

(2.) Brief facts of the case are that the petitioner-plaintiff and his brother respondent No.5 filed a revenue suit for declaration and permanent injunction under Ss. 88, 92A and 188 of the Act of 1955 before the respondent No.3-Sub Divisional Officer, Sojat, District Pali (hereinafter to be referred as 'the SDO concerned') with a pryer to declare them as khatedars of the agriculture land situated in village Khardi District Pali, description of which is provided in the revenue suit. The respective respondent-defendants filed their written statements to the plaint and raise certain additional pleas regarding their khatedari rights over the land in question on account of adverse possession etc. It appears that the revenue suit was filed in the year 1992, however, the SDO concerned framed only two issues including the issue of relief on 21/12/1994 but did not frame any issue in respect of the additional pleas raised by the respective respondent-defendants.

(3.) The trial in that revenue suit went on, however, in the year 2003, the respective respondent-defendants moved an application with a prayer to frame issues after taking into consideration the averments of the plaint as well as the written statements. The SDO concerned rejected the said application and proceed with the revenue suit and ultimately decreed the suit in favour of the petitioner-plaintiff vide judgment dtd. 26/5/2004 (Annexure-10).