MAVASI Vs. BALWANT

JUDGEMENT

(1.) The brief facts of the case are that Balwant filed a suit under sec. 183 of Rajas -than Tenancy Act against Mavasi alleging unlawful possession of khasra No. 147 and 150 comprising an area of 5 bighas and 19 biswas situated in village Ghichana Tehsil Bharatpur. Mavasis contention was that he is in lawful possession of the aforesaid khasra numbers from Smt. 2012 to 2015 and that he is not a trespasser. He further contended that he is a Shikmi Kastkar of the disputed khasra numbers.

(2.) The trial court framed as many as 7 issues. Issue No. 1 was regarding the factum of trespass vis a vis Mavasi. Issue No. 2, 3, 4, 5 and 6 were legal issues. The trial court after careful consideration and appreciation of the evidence decreed the suit in favour of Balwant. Mavasi went in appeal before the learned Revenue Appellate Authority who also upheld the judgment of the lower court. Aggrieved by the findings of both the lower courts Mavasi has preferred a second appeal before the Board of Revenue which has come up for hearing before us.

(3.) The main contention of the appellant is that the Revenue Appellate Authority has not at all discussed the legal issues which have a very important bearing on the entire case. The learned counsel for the appellant has vehemently argued before us that the entire evidence has been misread by the learned trial and appellate courts and has also quoted the relevant extracts of the evidence to establish his contention. The counsel for the appellant has brought to our notice and quoted from the evidence of Balwant plaintiff which reads as follows : Both the lower courts have misread the evidence and have given a finding in their judgment that the alleged murders took place while the dispute arose on the disputed khasra numbers i.e., 147 and 150 which the learned counsel further contended is clear misreading of evidence and changes the entire complexion of the suit. He also quoted from the evidence of Mavasi which reads as follows :