PRAHLAD Vs. BOARD OF REVENUERAJASTHANAJMER

JUDGEMENT

(1.) These three writ petitions are directed against the common judgment of the Board if Revenue, Rajasthan, Aimer dated the 22nd January 1973 by which three second appeals against the Municipal Board Bhawani Mandi were disposed of.

(2.) These three second appeals were filed in three suite namely, No. 265/1960, 266/1960, 264/1960 which were decided by the Assistant Collector, Jhalawar, under Section 183 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Act') vide a common order of 14th Oct 1968 (Annexure 8).

(3.) The petitioners denied the allegations made by the Municipal Board in the suits and contended that the suit land was a Mafi Jagir and under the Mafi of one Pawangir. From the time of Pawangir, the petitioner--Prahlad's father-- Manga was in possession as a sub-tenant of the Mafidar for the last 35 years and as at the time of resumption of Mafi he was a sub-tenant, he became the Recorded Tenant and by virtue of law he became the statutory Khatedar tenant of the land in question and as such the Municipal Board is not entitled to eject the petitioner from the land in question. It was further contended by the petitioners that the Municipal Board had filed a suit against the petitioner's father in respect of the same land and for the same cause of action in the court of Assistant Collector, being suit Nos. 265, 266, and 264 of 1360 and that suits having been dismissed the Municipal Board was not entitled to bring the present suit in respect of the same land for same cause of action as the same was barred under the law. It was contended that the Municipal Board never came to be in possession of the land in question nor it came to its Khata. The entries which came to be made later on in the revenue records were got entered in collusion with Patwari behind the back of the petitioner. Various other pleas about the maintainability of the suits were also taken in the written statement dated the 26th June, 1963 (Annex-ure 2).