MAHANT RAM CHARAN DAS Vs. KESRA

JUDGEMENT

(1.) THESE three applications for revision are directed against the appellate order of the Revenue Appellate Authority Kota, Dated 20-9-1963, whereby he disallowed by a single judgment the three appeals proffered by the applicants one in each case against the orders passed by the Sub-Divisional Officer, Kota on 29-7-1963.

(2.) THE facts are that the opposite party in each of these revision applications had filed separate suits against the present applicants in all these cases for the declaration of Khatedari status and the grant of permanent injunction to restrain the applicants from interfering with the possession of the opposite party in each case. Along with the suits, the opposite party in each case prayed for the grant of temporary injunction. It was the case of the opposite party in each case that they were cultivators of long standing of the muafi lands in dispute which were resumed sometime in 1958, that they had been in possession all along, that the girdawari record from Samvat 2014 to 2018 showed them to be in possession, that the settlement entries were also in their favour, and that the applicants had fraudulently got the girdawari record corrected in their favour for the year 1954 to 1962 which would correspond to Samvat 2011 to 2019. THE opposite party filed affidavits in support of their claim that they were in possession. Counter affidavits regarding possession were filed by the applicants. THE trial court issued orders of temporary injunction to restrain the applicants from interfering with the possession of the opposite party and the orders of the trial court were confirmed by the Revenue Appellate Authority in appeal.