STATE OF RAJASTHAN Vs. RATANLAL

JUDGEMENT

(1.) The matter has been listed in the category of 'orders'. With the consent of learned counsel for the parties, the matter is heard finally.

(2.) The present writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayer:-

(3.) Brief facts of the case are that the respondent Shri Bhagwanlal and others filed a suit under Sec. 88 and 188 of the Rajasthan Tenancy Act, 1955 (hereinafter the Act of 1955) before the Sub Divisional Officer, Girwa, District Udaipur for correction in revenue entries and for entering their names in the revenue record as Khatedars of the land in question while submitting that the respondents were having the Khatedari rights of the land situated in Khasra No.315 admeasuring 0.5700 hectors, land situated at Khasra No.316 admeasuring 0.1000 hectors, land situated at Khasra No.318 admeasuring 0.4000 hectors and land situated at Khasra No.319 admeasuring 0.0200 hectors in Village Shobhagpura, Tehsil Girwa, District Udaipur. The petitionerdefendant and defendant No.2 filed written statement in the suit and denied the averments made therein. The SDO, Girwa District Udaipur framed four issues for adjudication of the suit filed before it. The SDO Girwa, District Udaipur dismissed the suit filed by the plaintiff-respondents vide judgment and decree dtd. 8/6/2006 (Annexure-4). The plaintiff respondents being aggrieved of the judgment and decree dtd. 8/6/2006 filed an appeal before the Revenue Appellate Authority, Udaipur and vide judgment dtd. 8/11/2006 (Annexure-6), the Revenue Appellate Authority, Udaipur allowed the appeal filed by the plaintiff-respondents. The petitioner being aggrieved of the judgment and decree dtd. 8/11/2006 (Annexure-6) preferred an appeal before the Board of Revenue, Ajmer under Sec. 224 of the Rajasthan Tenancy Act and the Board of Revenue, Ajmer vide order dtd. 12/9/2008 (Annexure-8) dismissed the appeal preferred by the petitioner. The petitioner being aggrieved of the same, has preferred the present writ petition.