KASHIRAM Vs. BHAGIRATH

JUDGEMENT

(1.) THIS second revenue appeal has been instituted under sec. 224 of the Rajasthan Tenancy Act, 1955 against the judgment and decree of the Revenue Appellate Authority, Bikaner dated 19-7 68. The respondent ( plaintiff) instituted a suit under sec. 183 of the Rajasthan Tenancy Act, 1955 against the appellant (defendant) in the court of Sub-Divisional Officer, Nohar. He alleged that khasra No. 20 measuring 9 bighas 16 biswas situated in the jungle of village Dhani Charnan was in his khatedari which he has been cultivating since samvat year 2007. A mutation of khatedari was also filed with the plaint. It was further averred that the appellant (defendant) had forcibly occupied the disputed land in samvat year 2016 as a trespasser. He produced copy of khasra girdawari for the period samvat 2012 to 2016 (Ex. P/2) and copy of mutation (Ex. P/3) in support of his suit. In his written statement the appellant (defendant) admitted that the disputed land was situated in the jungle of village Dhani Charnan and that he has obtained this land from the jagirdar of the village approximately 13 years ago and he has been continuously cultivating it and paying rent to the jagirdar in the first instance and after him to the State Govt. He claimed that the disputed land was in his possession in samvat year 2012 and so he automatically gained khatedari rights thereon under sec. 15 of the Rajasthan Tenancy Act, 1955. He averred that the respondent (plaintiff; had never cultivated the suit land nor he had any possession thereon. He further revealed that the appellant (defendant) had instituted a declaratory suit in respect of the disputed land against the respondent (plaintiff) which is pending in the court for decision. The learned Assistant Collector, Nohar framed 3 issues and took over evidence in respect of both the contesting parties. Pyrelal P. W. 1), Gangadhar (P. W. 2), Bhagirath (P. W. 3), Durgaram (P. W. 4), Kuberdan (P. W. 5) have been examined for the plaintiff and deed of agreement dated 21-7-56 (Ex. P/l) copy of khasra girdawari for samvat 2012 to 2016 (Ex. P/2) and copy of mutation No. 78 decided on 9-10-57 (Ex. P/3) have been produced in support the plaintiff's suit while the defendant has produced Kasi (D. W. I) Chandru son of Lalu (D. W. 2), Balu (D. W. 3) Chandru son of Bakhtawar Singh (D. W. 4) and Sukhdan (D. W. 5 ). The Sub-Divisional Officer, Nohar by his judgment and decree dated 12-12-67 decreed the plaintiff's suit and ordered for the ejectment of the defendant from the land in dispute. In the first appeal against this judgment the learned Revenue Appellate Authority, Bikaner by his judgment dated 19-7-68 rejected the appeal and confirmed the order of the lower court. A second appeal has arisen against the last appellate order

(2.) WE have carefully perused the record of the two lower courts and heard the able and lengthy arguments of the learned counsels for both the parties,