CHITTARDAN Vs. RAMKARAN

JUDGEMENT

(1.) THIS is a second appeal under sec. 224 of the Rajasthan Tenancy Act, 1955 against the judgment and decree of the Revenue Appellate Authority, Udiapur dated 19-6-68. The appellant (plaintiff) filed a suit under sec. 188 read with sec. 91 of the Rajasthan Tenancy Act, 1955 (hereinafter referred as Act) against the respondent (defendant) in the court of the Sub Divisional Officer, Kekri in respect of Khasra number 90 measuring 5 bighas 8 biswas situated in village Rajpura. He claimed to be the cultivator of this holding and prayed for permanent injunction to be issued against the opposite party for not interfering with the possession of the plaintiff. The respondent (defendant) in his written statement completely denied the stand taken by the plaintiff and averred that he was the khatedar of the holding in dispute under the Act and his possession could not be disturbed by the plaintiff.

(2.) THE court of S. D. O. Kekri decreed the case on 9-1-67 against which the first appeal was filed in the court of the Revenue Appellate Authority, Udaipur. THE learned Revenue Appellate Authority set aside the judgment of he S. D. O. , Kekri by his order dated 19-6-68 and remanded the case to the lower court for further examination and fresh decision.