RAMESH CHAND Vs. RAM KANWARI

JUDGEMENT

(1.) Petitioner is plaintiff, who has preferred instant writ petition, purportedly under Article 226 of the Constitution of India which indeed must have been filed under Article 227 of the Constitution of India, challenging the judgment dtd. 7/10/2003 passed by the Board of Revenue, dismissing his Second Appeal No.54/2002 and affirming the judgment dtd. 17/7/2000 passed by the Revenue Appellate Authority, Kota in Appeal No.146/2000, so also, the judgment dtd. 26/6/2000 passed by the Sub-Divisional Officer, Aklera in Revenue Suit No.1197/1994 whereby and whereunder, the plaintiff's suit filed under Ss. 88 and 91 of the Rajasthan Tenancy Act for declaration of khatedari rights on the land in question, on the basis of adverse possession has been dismissed on merits.

(2.) Heard counsel for petitioner and counsel for State at length and perused the record.

(3.) The relevant facts, in brief, as culled out from the record are that the petitioner-plaintiff instituted a revenue suit on 16/3/1994 against one Smt. Ram Kanwari and State of Rajasthan through Tehsildar under provisions of Ss. 88 and 91 of Rajasthan Tenancy Act, asserting that land of Khasra No.223 (old Khasra No.186) measuring 4 bigha 3 biswa at village Tharol, Tehsil Aklera, District Jhalawar is recorded in the revenue record, in khatedari of respondent-defendant Smt. Ram Kanwari (a widow lady, Member of Scheduled Tribe being by caste Meena) but indeed plaintiff claimed to have cultivatory possession of such land since 1967 continuously. Thus the plaintiff, asserting his long possession over the khatedari land of defendant, claimed to acquire khatedari rights by virtue of having adverse possession on the land in question and made a prayer of declaration of his khatedari rights over the land in question.