BHANWAR Vs. DHAN KANWAR BAI

JUDGEMENT

(1.) PER Shri Gajendra Singh This is plaintiff appellant's second appeal against the judgment and decree of the Revenue Appellate Authority Kota dated 24-3-1964 confirming the judgment of the Asstt. Collector, Bundi dated 26-12-1962 whereby the Asstt. Collector dismissed the suit for possession filed by the plaintiff appellants.

(2.) THE facts are that Dhankanwar Defendant respondent was one of the widows of Shambhusingh ex-jagirdar. He died and his jagir was resumed. Shrimati Dhan Kanwar was granted 176. bighas of land in lieu of maintenance after the resumption of the jagir in his khatedar right keeping in view the provisions of sec. 79 of the Bundi State Tenancy Act, 1942. This order was passed by the Govt. of Rajasthan No. F. 1 (31) Rev. 11/67 dated 15-11-1951. THE same order further directed that the plaintiff appellants who were the tenants cultivating the land should also be evicted. Some how or other the order could not be executed until as late as 11-3-1958 when the Tehsildar finally evicted the plaintiff appellant from the holding, on the directive received from the Government through the Collector, Bundi. Aggrieved by this order of eviction the plaintiff filed the present suit for restoration of possession and declaration of their khatedar rights atcs. THE trial Court and the first appellate Court both rejected the plaintiff appellant's suit.