GUMAN SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition is directed against the order of the learned single Member of the Board of Revenue for Rajasthan, Ajmer Annexure-3 dated 28-6-1991 whereby the learned single Member of the Board of Revenue has ordered that the petitioners will furnish a cash security @ Rs. 500/- per bigha per year, failing which, it will be deemed that this order has not been passed and for subsequent years also, the petitioners were directed to deposit the cash security latest by 30. 6. 1991 and so on. The petitioners sought a review of this order and submitted that a solvent cash security @ Rs. 100/- per bigha per year be obtained from them but that review was also rejected.

(2.) THE facts necessary to be noticed for the disposal of this writ petition briefly stated are : that respondent No. 5 Smt. Chandrakanta through her General Power of Attorney Holder filed a suit under Ss. 103 and 100 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act') against the petitioners on 20. 9. 1990 with the allegations that in the boundary of village Gulab Ganj, Tehsil Revdar, she owns about 29 Khasras, the total area of which is 130 bighas and 15 biswas and that land stands in her Khatedari. THE petitioners are in unlawful possession of these Khasras and, therefore, a decree of ejectment as also a permanent injunction may be passed against them. She has further prayed that till the possession is delivered to her, she may be awarded damages to the extent of 15 times of the land revenue from the defendant-petitioners.

(3.) WE have heard Mr. A. L. Chopra, the learned counsel appearing for the petitioners and Mr. B. L. Purohit, the learned counsel for the respondents and have carefully gone through the record of the case.