STATE OF RAJASTHAN Vs. CHAMPA LAL & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner State on 21/5/2013 aggrieved against the judgment dated 20/1/1998 passed by the Revenue Appellate Authority, Hanumangarh and judgment dated 12/1/2005 passed by the Revenue Board, Ajmer, whereby, the appeal filed by the respondent no.1 against the decree dated 11/2/1997 passed by the S.D.O., Nohar was reversed and suit filed by the respondent no.1 was decreed and second appeal filed by the State was dismissed as barred by limitation after rejecting the application for condonation of delay, respectively.

(2.) The respondent no.1 filed a suit under Sec. 88 and 188 of the Rajasthan Tenancy Act, 1955 ('the Act') inter alia with the averments that he was in cultivatory possession of the land comprised in khasra no. 78 ad measuring 28.10 bigha since Samvat Year 2007; the khasra number of the land was changed and part of khasra number was converted into khasra no.92 ad measuring 3.7 bigha but was entered as 'Araji Raj' (Government Land) and sought declaration regarding his ownership and injunction against the defendants from interfering in possession over the land in question.

(3.) The suit was resisted by the defendants and after the evidence was led by the parties, the S.D.O., Nohar came to the conclusion that the plaintiff failed to produce documentary evidence i.e. 'Khasra Parivartansheel' or any other authentic document and only oral evidence has been produced and consequently dismissed the suit.