DULLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS second appeal has been filed under sec 224 of the Rajasthan Tenancy Act against the judgment and decree dated 28. 8. 63 of the learned Revenue Appellate Authority, Bikaner, rejecting the appeal of the plaintiff-appellant against the judgment and decree of the Sub Divisional Officer, Nohar dated 28-8 62, whereby the learned Sub-Divisional Officer dismissed the suit for declaration as khatedar in respect of the disputed khasra numbers filed by the plaintiff-appellant.

(2.) IT is averred that the learned lower courts have ignored the fact that on 12. 8. 56, the plaintiff was put into possession of these lands by virtue of a decree of hon'ble the High Court and since then he has been in continuous possession of these lands. IT is, further, averred that originally these lands were in the cultivatory possession of his ancestors but they had been illegally occupied by Tikuram, respondent in collusion with the Jagirdar which obliged the plaintiff appellant and his cousin Nanda, deceased, to file a civil suit for reinstatement and possession against them. This civil suit culminated in the aforesaid decree of the High Court dated 4. 3. 55 and Dulla was placed in possession of these lands as a result thereof on 12. 8. 56. The appellant contends that as Tiku was in unlawful possession of the lands at the time of the settlement in St. year 2000, he also managed to get his name entered in the settlement records. The effect of the judgment of the High Court should be to place him in the same position as Tiku and he should, therefore, be deemed to have been in continuous and unbroken possession of the lands since St. year 1970. As such, it is argued that he was entitled to the declaration of khatedari rights in his favour.