HANUMAN S/O JODHA RAM Vs. DHANNA RAM

JUDGEMENT

(1.) This petition is directed against judgment dated 30.8.16 of the Board of Revenue Rajasthan, whereby the second appeal preferred by the petitioners under Section 224 of Rajasthan Tenancy Act, 1955 (for short "the Act"), against the judgment and decree dated 23.2.08 passed by the Revenue Appellate Authority (RAA), Bikaner, dismissing the appeal preferred by the petitioners against the judgment and decree dated 20.6.06 passed by the Sub Divisional Officer (SDO), Lunkaransar in Revenue Suit No.58/12, stands dismissed.

(2.) The petitioners filed a suit under Section 88 & 188 of the Act, seeking declaration of khatedari rights and permanent injunction against the first and second respondent in respect of the land measuring 20 bighas comprising khasra no.865/2762 situated at village Rohi Jetpur, Tehsil Lunkaransar, District Bikaner. The petitioners claim was that the land in question was allotted in their favour in Samvat 2028 and after handing over the possession of the land to the petitioners, the modification was made in the map. According to the plaintiff, later the modification made was changed without order of any competent authority.

(3.) The suit was contested by the first respondent by filing a written statement thereto. The trial court framed the issues and parties led their evidence. At the same time, the first respondent filed a counter claim seeking injunction against the petitioners herein not to interfere with his possession over 50 bighas land comprising khasra no.865/2206.