CHHOTULAL Vs. GHASI

JUDGEMENT

(1.) Aggrieved of dismissal of the suit filed under Ss. 88, 89 and 91 of the Rajasthan Tenancy Act, 1955 (for brevity 'the Act') and against dismissal of both the appeals, the present petition has been filed.

(2.) The brief facts are that the petitioners/plaintiffs (hereinafter referred as 'petitioners') filed a suit pleading that Khasra No.32 measuring 19 bigha 12 biswa in Village Bambori Gata, Tehsil Chippabarod was owned by their ancestors and is in possession of the petitioners. The land was allotted to father and husband of petitioner vide allotment letter dtd. 28/7/1959 but the land was shown in the khata of the respondents/defendants (hereinafter referred to as 'respondents'). The prayer was that the petitioners be declared as tenants and tenancy be recorded in the revenue record. The respondents raised a defence that the land was allotted to their ancestors on 8/9/1958 and their khatedari is entered in the revenue records. Counter-claim was filed for seeking possession of the land. It was further pleaded that respondents belonged to Scheduled Caste category. The Additional Collector considered that:-

(3.) Learned Senior Counsel for the petitioners submits that Sec. 42 of the Act was not applicable as the land was allotted to ancestors of petitioners by the State Government and it was not case of sale or gift by SC/ST.