GHANSHYAM Vs. MAHANT RAMCHARAN DAS

JUDGEMENT

(1.) THIS is a special appeal under sec. 10 (1) of Rajasthan Land Revenue Act, 1956 against the order of single Member, Board of Ravenue, dated 6. 1. 64 passed in exercise of its revisional jurisdiction.

(2.) THE brief facts of the case are that the applicant has been recorded as Zaili upto Smt. 2019 i. e. for the last 18 years. THE parcha settlement stands in the name of the appellant. THE land was the muafi of the respondent which was resumed in the year 1954. THE respondent in proceedings under sec. 125 got an order in their favour. THE appellants filed the present suit for declaration and permanent injunction. On a prayer for temporary injunction, the same was granted exparte and later made absolute by the Sub-Divisional Officer, Kota. THE opposite party respondent filed an appeal before the appellate authority which was also rejected. In revision application before the Board of Revenue, ad-interim stay order was granted, and 6. 1. 64 was fixed for making the stay absolute. On 6. 1. 64 the appellants were represented by their advocates who filed the written reply along with affidavit showing that the crop of the appellant was standing on the disputed land. THE learned Member made the stay order absolute. Hence the special appeal has been filed against the stay order of the Hon'ble Member of the Board of Revenue.