SHOKAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Though the matter has been listed under the 'Orders Category', however, the matter is being heard today itself with the consent of counsel for both the parties.

(2.) The instant writ petition has been preferred by the petitioner under Articles 226 and 227 of the Constitution of India with the following prayers:-

(3.) Brief facts of the case are that the petitioner and respondent No.4 are brothers and possessing land in Khasra No. 100 admeasuring 50 bighas 6 biswa since before coming into force of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955'). The petitioner and the respondent No.4 filed a suit for declaration and correction of record under Ss. 88 and 92A of the Act of 1955 stating therein that they are having possession over the land in question which was under the possession of their grand father Bhole Shah since Samwat year 2012 i.e. before the coming into force of the Act of 1955 and since then the possession of plaintiffs is continuing.