POONMA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Board of Revenue dated 14 -3 -1986 (Annx. 3).

(2.) NON -petitioners Nos. 4 and 5 filed a suit against the petitioner under Section 188 of the Rajasthan Tenancy Act, 1955 in the court of S.D.O. cum Assistant Collector, Balotra regarding possession of the land in dispute and damages for Khasra No. 205 measuring 34 bighas and 7 biswas located at village Mavari Tehsil Siwana District Barmer on the ground that the petitioner defendant has sold the land in question to non -petitioners Nos. 4 and 5 for a sum of Rs. 2,000/ - and it was also averred that the land in question was taken by the petitioner for cultivation @ Rs. 250/ - per year. The petitioner defendant filed a written -statement and alleged that he has not sold the land to non -petitioners Nos. 4 and 5 nor he gave possession of the land in question and he is in cultivatory possession of the land in question. It is alleged that the land was mortgaged for a sum of Rs. 2000/ - and no sale was effected. Learned trial court after framing the necessary issues and recording the evidence of the parties decreed the suit in favour of nonpetitioners Nos. 4 and 5. Aggrieved against that the petititioner preferred an appeal before the Revenue Appellate Authority and the Revenue Appellate Authority dismissed the appeal of the petitioner upholding the judgment of the trial court. Aggrieved against that order, the petitioner preferred a second appeal before the Board of Revenue. The Board of Revenue did not feel inclined to interfere with the concurrent finding of fact and dismissed the second appeal of the petitioner vide order dated 14 -3 -1986 (Annx. 3). Aggrieved against this order, the petitioner preferred the present writ petition before this Court.

(3.) IN the result, there is no merit in this writ petition. The parties are left to bear their own costs.