PURKHA Vs. MOOLA

JUDGEMENT

(1.) THIS appeal from an order and judgment of the SDO Bikaner (North) dated 21.2.61 had been filed by Purkha whose application under sec. 136 of the Land Revenue Act was dismissed thereby. The facts of this case are simple, and briefly stated they are as follows: The appellant Purkha filed an application before the learned S.D.O. Bikaner North alleging that he was the original tenant of Khasra No. 573 and had cultivated it in St. years 2012 and 2013. But in St. years 2014 and 15 in the Girdawari the name of the respondent was wrongly entered in collusion with the Patwari. He therefore prayed that entry be corrected and his name entered in the records in place of the respondent. The respondent contested the application on the ground that he was cultivator of the land in dispute and had been cultivating it for a long time and the entries disputed by the appellant were correctly made by the Patwari. He therefore prayed for the dismissal of the application.

(2.) ON the above pleadings the learned SDO framed the necessary issue i.e. whether the land in dispute i. e. Khasra No. 573 was in the appellant's possession in St. years 2014 and 2015 and the entries in the Girdawari were wrongly made. After recording evidence the conclusion at which the trial court arrived was that the entries were correctly made and that the respondent was tenant of the land in dispute and he accordingly dismissed the application.