PARTHA Vs. KISHAN

JUDGEMENT

(1.) THIS is a second appeal under sec, 224 of the Rajasthan Tenancy Act against the judgment and decree of the learned Revenue Appellate Authority, Udaipur dated 8-5-72.

(2.) THE facts of the case in brief are that Partha filed a suit against Kishan and others on 21-6-66 under secs. 88 and 188 of the Rajasthan Tenancy Act with regard to arazi No. 4/50/1 measuring 6 bighas situated in village Sodalpuria Tehsil Pratapgarh in the court of the learned Sub-Divisional Officer, Pratapgarh. After framing the issues and recording the evidence of the parties the learned Sub-Divisional Officer decreed the suit on 28-4-70. An injunction was issued against the defendants restraining them from in any way interfering with the possession of the plaintiff. THE defendants feeling aggrieved against the judgment of the learned Sub-Divisional Officer, Pratapgarh filed an appeal before the learned Revenue Appellate Authority on 22-6 70. THE learned Revenue Appellate Authority accepted the defendants' appeal on 8-5-72. THE judgment of the learned trial court was set aside. THE plaintiff feeling aggrieved against the judgment of the learned Revenue Appellate Authority dated 8-5-72 filed this second appeal before this Court on 31-7-72.