HOKAMA Vs. MOHAN LAL AND OTHERS

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner aggrieved against judgment dated 17.3.2015 passed by the Board of Revenue Rajasthan, Ajmer ('Board'), whereby, the Second Appeal filed by the petitioner against Judgment dated 11.8.2008 passed by the Revenue Appellate Authority, Chittorgarh ('RAA') has been dismissed. The RAA had in turn dismissed the Appeal filed by the petitioner against the Judgment dated 30.6.2004 passed by Sub-Divisional Officer, Kapasan ('S.D.O.'), whereby, the suit filed by the petitioner was partly decreed. The petitioner filed a suit for declaration of Khatedari, correction in the revenue record and injunction pertaining to land comprised in Araji Nos. 495, 496 and 774/460; it was, inter aha, claimed that on account ot partition Amba and Mangu, Mangu sold his land ad measuring 3 Bigha situated in Khasra No. 496 to the petitioner for a consideration of Rs. 1,000.00 vide registered Sale Deed dated 16.7.1977; it was claimed that the petitioner was having possession over 6 Bigha of land comprised in Araji No. 495 since 16.7.1977 and was being cultivated by him and his family; it was alleged that the private respondents wanted to grab the property in dispute, for which, criminal proceedings were initiated by the petitioner; the petitioner prayed that he may be declared Khatedar of land ad measuring 3 Bigha situated in Khasra No. 496 being its purchaser and on account of being in adverse possession of land comprised in Khasra No. 495 admeasuring 6 Bigha and in Khasra No. 774/460 ad measuring 14 Biswa.

(2.) A written statement was filed and the suit was resisted.

(3.) The S.D.O. vide his Judgment and Decree dated 30.6.2004 partly decreed the suit and declared the petitioner Khatedar of the land situated in Khasra No. 496 ad measuring 3 Bigha, but dismissed the suit qua rest of the land, wherein, petitioner sought declaration based on adverse possession.