MAHI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS petition has been filed by the petitioners challenging the order of the Board of Revenue dt. 13.02.2003 in a reference under Section 232 of the Rajasthan Tenancy Act, 1955 whereby the Board of Revenue has set aside the decree passed by the trial Court in favour of the petitioner declaring their Gair Khatedari right over the land in dispute situated in village Charanwala bearing Khasra No. 1020 in District Jaisalmer.

(3.) THE learned Counsel for the petitioner Mr. Gaur relying on the judgment of this Court in the case of State of Rajasthan v. Teja and Ors. reported in 2005 (4) RDD 921 (Raj), Hari Ram and Anr. v. State of Rajasthan and Ors. reported in 1996 DNJ (Raj.) 397 and Mammi Khan v. State of Rajasthan and Ors. reported in 2005 (7) RDD 2418 (Raj) submitted that reference filed after a gape of 9 years and 13 years in these cases was held to be barred by limitation. He submitted that though no limitation is prescribed under Section 232 of the Act, if such reference is filed after such a huge period of over 8 to 9 years, the Board of Revenue cannot be justified in entertaining such reference under Section 232 of the Act and the decree passed by the Revenue Court cannot be set aside.