BAIJU Vs. JAGANIA

JUDGEMENT

(1.) THE facts which have given rise to this application under Sec. 12 of the Rajasthan Board of Revenue Ordinance 1949 are stated below.

(2.) BAIJU, the applicant, applied to the Settlement Officer, Kotah for the issue of parcha chakbandi in respect of filds Nos. 193/1-19, 194/1-9, 196/1-5, 198/2-13, 197/3-14, 155/1-14. 158/1-3, 160/-14, 162.1-18, 166/1-5, 167/1-15, 168/1-1 of village Baswa on the ground that the land in question which was recorded as sewat chak had been in his cultivatory possession for the last several years. Jagna the opposite party also applied for the issue of a parcha for the same land on 2.1.53 to the Settlement Officer, Kotah. In support of his claim, BAIJU examined two witnesses and produced a copy of the orders of the S.D.O., Sawai Madhopur in a proceeding under sec. 145, Cr.P.C. between the parties by which possession over the land in dispute had been declared to be that of BAIJU, on 17.8.53. On another application of Jagna, dated 8.1.53 to the S. O. in respect of this land separate proceedings were started. On the 19.10.53, the S. O. summarily decided this application and ordered that parcha be given to Jagna etc. Upon this, the office of the S.O. invited his attention to his previous order, dated 17.8.58 under which the parcha of this land had already been given to BAIJU and necessary entries in the land records had been made in his favour. It was also suggested that if the new parcha were to be issued to Jagnia etc. the parchas issued earlier in the name of BAIJU be sent for and ordered to be cancelled. On 23.11.53, the S. O., however, passed an order that the parchas issued previously be withdrawn and new parchas be issued. This Jagnia also got the parchas of the land in dispute.