BHONRI ALIAS JATAN KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petitition, the validity of the orders dated 14 -1 -1988 (in review petition), dated 15 -4 -1987 of the Board of Revenue, and dated 29 -9 -1980 of the Revenue Appellate Authority has been challenged by the petitioner, and this has arison out of the following circumstances.

(2.) A suit filed by the petitioner was decree vide order dated 18 -8 -1979 (Anx. 9) by the Assistant Collector, Bhartpur, and an appeal filed against the aforesaid order (Anx. 9) before the Revenue Appellate Authority Bharatpur was allowed reversing the judgment of the Assistant Collector, and the second appeal was filed before the Board of Revenue which was dismissed on April 15, 1987 vide Annexure 11, against which a review petition was also filed but, with no success to the petitioner.

(3.) IT has not been disputed that at the time when the suit was filed in the Court of the Assistant Collector, the land in question was recorded in the revenue records as Sawai Chak (pasture land). Though the suit of the petitioner's father was decreed but the Revenue Appellate Authority reversed the findings arrived at by the learned trial Court on the ground that Jamabandi of S.Y. 2012 and the judgment of the Collector which were produced before the Tehsildar have not been produced before it, as such it cannot be said that the land in question was in Khudkasht of the petitioner. Learned counsel for the petitioner submitted that the judgment of the Tehsildar delivered on the basis of the Jamabandi of S.Ys. 2008 and 2012, was a relevant and conclusive document. In view of the averments made in the plaint and the fads admitted by the petitioner the case of the petitioner before the Revenue Courts was that he was a tenant of the disputed land for which a declaration was sought and for that purposes it was necessary for the petitioner to have filed relevant document in support of his claim.