DANA RAM Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner aggrieved against the judgment dated 16.09.1997 passed by the Assistant Colonization Commissioner, Nohar, Sahawa, Rawatsar ('the Commissioner'), judgment dated 26.05.2000 passed by the Revenue Appellate Authority ('the RAA') and judgment dated 27.09.2000 passed by the Board of Revenue, Ajmer ('the Board'), whereby all the three courts have concurrently held against the petitioner and have dismissed the suit, first appeal and second appeal respectively.

(2.) THE petitioner filed a suit under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 seeking declaration and correction in the entries, inter alia, with the averments that a land admeasuring 7.03 Bigha comprised in Khasra No. 72 situated at Rohi, Baramsar ('land in question') was purchased by him by a registered sale -deed dated 06.07.1993 and he is in possession of the land since then. A notice dated 19.10.1995 has been issued by the Tehsildar, Rawatsar alleging the petitioner to be trespasser on the land in question. It was submitted that the land was claimed by the respondents as belonging to 'Kund' and when the petitioner obtained copies of the mutation entries, it was found that the same has been recorded in the name of 'Kund' without any information and without hearing him. It was claimed that the petitioner has not gifted/donated the land in question and no one has obtained possession of the land and no one has accepted the gift and as such even if the gift deed exists, the same was void and, therefore, he was entitled for declaration of his tenancy and injunction against the respondents from dispossessing the petitioner.

(3.) THE trial court framed three issues. On behalf of the petitioner, oral and documentary evidence were produced and on behalf of the respondents -defendants only mutation No. 545 was produced. No oral evidence was produced.