ILAMDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against judgment dt. 14.1.09 of the Board of Revenue, whereby a second appeal preferred by the petitioner u/s. 224 of the Rajasthan Tenancy Act, 1955 (in short "the Act of 1955") against the judgment and decree dt. 15.6.04 passed by the Revenue Appellate Authority (RAA), affirming the judgment and decree dt. 24.1.04 passed by the Assistant Collector, Pokaran in Revenue Suit No. 6/01, stands dismissed. The petitioner filed a suit under Sec. 88 of the Act of 1955 before the Assistant Collector, Pokaran, for declaration of his khatedari right over the land ad measuring 75 bighas, comprising khasra No. 793, situated at village -Lava. The petitioner claimed to be in possession of the land prior to settlement and averred that his name was not entered in the revenue record on account of error on the part of settlement authorities. The suit was contested by the respondent -defendant by filing a written statement thereto. On the basis of the pleadings of the parties, the trial Court framed the issues in the following terms:

(2.) AFTER due consideration of the evidence on record, the suit preferred by the petitioner was decreed by the trial Court vide judgment and decree dt. 17.11.80. The District Collector, Jaisalmar made a reference under Sec. 232 of the Act to the Board of Revenue for setting aside the judgment and decree dt. 17.11.80 passed in favour of the petitioner. The reference made was accepted and the judgment and decree passed in favour of the petitioner was set aside by the Board of Revenue vide order dt. 3.12.86. Aggrieved thereby, the petitioner preferred a writ petition being No. 219/87 before this Court, which stood allowed by this Court vide judgment dt. 31.7.90 and the matter was remanded back to the Assistant Collector for decision afresh in accordance with law, after giving an opportunity to the petitioner as well as the State to lead proper evidence i.e. oral and documentary.

(3.) AFTER due consideration, the suit preferred stands dismissed by the Assistant Collector vide judgment and decree dt. 24.1.04. Aggrieved thereby, an appeal preferred by the petitioner stood dismissed by the RAA vide judgment and decree dt. 15.6.04. The second appeal preferred by the petitioner aggrieved by the judgment and decree passed by the RAA also stands dismissed by the Board of Revenue by the order impugned. Hence, this petition.