AJIMADIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that the respondent-State filed a suit against the petitioner under Sec. 175 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955') for ejectment of the petitioner from the property in question. The property in question was originally allotted to one Faujiya S/o Manaram Nayak, who belonged to a 'Scheduled Caste' category. Thereafter, Faujiya, by way of a sale deed dtd. 21/8/1983, sold the property in question to one Setharam, who did not belong to the 'Scheduled Caste' category. The revenue entry No.1963 dtd. 21/8/1983 was entered into the revenue record accordingly. Thereafter, Setharam, further sold the said property in question to the petitioner on 28/9/2001 for which, the revenue entry No.2807 dtd. 29/11/2001 was made.

(3.) The petitioner filed an application under Order 7 Rule 11 of Civil Procedure Code (hereinafter referred to as 'CPC') on the ground that the suit iis barred by limitation and therefore, the same deserves to be dismissed. The learned Sub-Divisional Magistrate, Kolayat, District Bikaner, dismissed the application of the petitioner vide order dtd. 29/12/2016 (Annexure-3).