LAWS(RAJ)-2023-8-130

NARAYAN Vs. BHAGWAN

Decided On August 04, 2023
NARAYAN Appellant
V/S
BHAGWAN Respondents

JUDGEMENT

(1.) Since in both the writ petitions there is a challenge to the order dtd. 3/10/2018 passed by the Board of Revenue, hence, both the writ petitions are being decided by a common order.

(2.) Being aggrieved by the judgment and decree dtd. 3/10/2018 passed by the learned Board of Revenue, Rajasthan, Ajmer (for short 'the Second Appellate Authority') in Second Appeal No.894/2016/Sikar, the petitioners- Narayan & Smt. Ganga Devi, have preferred SBCW P. No.4688/2019. By the Judgment dtd. 3/10/2018 the Second Appellate Authority allowed the appeal of the respondents/ defendants and set-aside the judgment and decree dtd. 2/2/2016 passed by the Court of learned Revenue Appellate Authority, Jaipur (for short 'the First Appellate Authority') in Appeal No.166/2011/223, whereby the First Appellate Authority affirmed the judgment and decree dtd. 28/3/2003 passed by Court of learned Sub Divisional Officer, Dantaramgarh, District Sikar (for short 'the trial Court') in Revenue Suit No.88/1998. The trial court decreed the suit of the plaintiff/petitioners filed under Ss. 88 and 188 of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955') for declaration as khatedars, permanent injunction and for cancellation of the sale deed dtd. 22/7/1988.

(3.) The writ petition No.10925/2019 has been filed by the petitioner- Rajendra Prasad assailing the same judgment of the Second Appellate Authority dtd. 3/10/2018. The petitioners in this petition are the persons who subsequently purchased the land from the respondents after they were declared as khatedars of the land in question by the trial court.