RAM NATH Vs. SHANKER LAL

JUDGEMENT

(1.) THIS revision petition has been filed by Ramnath Acharya, Sarpanch Gram Panchayat Amadi, District Udaipur and arises out of the order passed in second appeal by the Revenue Appellate Authority, Udaipur dated 28-10-63.

(2.) THE facts of the case are that the land in dispute was admittedly a 'bilanam Jagir' land and recorded as such in the settlement operations conducted in the year 1947. In 1951 it appears that the Jagirdar of that land sold some part of it through pattas to the respondent Shankerlal and Bhanwarlal. In 1958 an order passed by the Settlement Department on 8-8-47 for entering the Bilanam land into pasture land was sought to be incorporated or executed. Entry to this effect was made in the jamabandi treating the land in question as the pasture land. As these two respondents had already occupied this land as a result of the patta issued by the Jagirdar, the Tehsildar initiated proceedings u/s 91 of the Rajasthan Land Revenue Act to eject and finally passed order for their ejectment. This order was confirmed by the Addl. Collector in appeal but by the impugned order dated 8-10-63 the Revenue Appellate Authority, Udaipur in second appeal reversed the order of the two subordinate courts holding that the respondents who were sought to be ejected were bona fide purchasers for value of the land in dispute as tenants and they were not trespassers and as such could not be ejected. It may be noted that this land only got resumed in 1959. It is against this order that these two revision petitions have been preferred by Ramnath against the two separate orders passed in appeal against Bhanwarlal and Shankerlal.