TAHAL SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner against the respondents on 29.7.1991 with a prayer that impugned judgment dtd. 17.2.1988 (Annex. 7) passed by the Assistant Collector, Suratgarh (respondent No. 3) by which the suit filed by petitioner Tahal Singh under Section 183 of the Rajasthan Tenancy Act, 1955 against the respondents No. 4 (Pahalwan Singh) and 5 (Avtar Singh) was dismissed, judgment dtd. 8.5.1991 (Annex. 8) passed by the Revenue Appellate Authority, Ajmer (respondent No. 2) by which the judgment dtd. 17.2.1988 (Annex. 7) passed by the Assistant Collector, Suratgarh (respondent No. 3) was affirmed and the judgment dtd. 10.7.1991 (Annex. 9) passed by the Board of Revenue (respondent No. 1) by which the Board of Revenue upheld the judgment dtd. 8.5.1991 (Annex. 8) passed by the Revenue Appellate Authority, Ajmer (respondent No. 2) be quashed and set aside and the respondents No. 4 (Pahalwan Singh) and 5 (Avtar Singh) be declared trespassers over the land in question. NOTE: It may be stated here that during pendency of writ petition, the petitioner Tahal Singh died and therefore, his legal representative Kalu Singh was brought on record.

(2.) THE facts as put forward by the petitioner are as under:

(3.) ON the other hand the learned Counsel for the respondents have supported the judgments passed by the courts below and have further submitted that under Article 227 of the Constitution of India, the findings of facts recorded by the courts below should not be interfered by this Court and thus from this point of view, the writ petition should be dismissed.