RAJKUMAR Vs. HEERANATH

JUDGEMENT

(1.) The petitioners/ plaintiffs has filed the present writ petition with a challenge to the judgment dtd. 20/6/2019 passed by the Board of Revenue, Rajasthan, Ajmer (for short 'the Second Appellate Authority'), the judgment dtd. 16/12/2014 passed by the Court of Revenue Appellate Authority, Ajmer (for short 'the First Appellate Authority') and the judgment and decree dtd. 13/12/2002 passed by the Court of Sub Divisional Officer, Masuda (Ajmer) [for short 'the trial court'].

(2.) The facts in brief of the matter are that the petitioners/ plaintiffs filed a suit before the trial court under Sec. 88, 188 and 183 of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955') for declaration and permanent injunction against the respondents/ defendants in regard to land bearing Khasra No. 494 situated at Village Sikhrani, with the contention that a part of land of Khasra No. 494 was allotted to his father on 5/6/1968. It was further stated that the land was cultivated by the father of the petitioners Dulli Chand during his life time and after his death his legal representatives i.e. plaintiffs and defendant No.5 were having joint cultivatory possession over the land. It was further stated that even after allotment of the land in favour of the father of the petitioners and they being in continuous possession over the land, the name of their father was not recorded in the revenue record as a 'gair khatedar'.

(3.) The written statement was submitted by the respondents/ defendants denying the averments made in the plaint.