TIKU RAM Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition is directed to quash the judgment of the Sub-Divisional Officer (North), Bikaner dated 27th Sept., 1968 (Annex. 1) decreeing the suit of respondent Hazari Mal for ejecting the petitioner from the land in question, the judgment of Revenue Appellate Authority dated 22.7.1975 (Annex.2) dismissing the appeal against the order dated 27.9.1968, and the order of the Board of Revenue dated 26.9.1986 (Annex. 5) dismissing the second appeal filed by the present petitioner. The petitioner has also prayed for restoration of the order of Board of Revenue dated 9.7.1979 (Annex.3) by quashing the order dated 23.7.1986 (Annex. 4) by which the order dated 9.7.1979 has been reviewed and recalled. The petitioner has also challenged the order dated 28.11.1990 (Annex.6) rejecting his review application against the order dated 26.9.1986.

(2.) One Hazarimal since deceased and whose legal representatives are respondents No. 4/1 to 4/4 has filed a suit in the Revenue Court, i.e. before the Sub-Divisional Officer (North), Bikaner on 23.8.1965 alleging that he is a khatedar tenant of the land measuring 71 bighas and 16 biswas in khasra No. 25 situated in village Devasar. It was claimed that the original land holder was Megh Singh as 'Bhokta' and the land was cultivated by plaintiff's ancestors and had acquired khatedari rights in it. In Samwat year 2013, (Gregorian Calender 1956-57) at the request of Tiku Ram, the present petitioner and defendant in the suit, the said land was given to him for cultivation for 5 years and thereafter the defendant requested for continuance of cultivation for one year. This process continued from year to year until filing of the suit in August 1965. The plaintiff also alleged that the land in question was needed for his personal cultivation and therefore, he demanded possession of the land from the defendant but he refused to vacate the land. Plaintiff further came to know, on enquiry, that the land in question has been entered in Tiku Ram's name in Girdawari since Samwat 2013.

(3.) It is also to be noticed here that the plaint as originally filed on 23.8.1965 was amended vide application dated 30th Sept., 1965 by inserting paragraph 10 'Ka' giving specific date on which plaintiff demanded for delivery of possession and that request was refused by the defendant on 15.8.1965. On the aforesaid allegation a decree for possession of the land in question was sought.