VIJAI SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal seeks to challenge the judgment of the learned Single Judge dt. 06.07.2000 dismissing the writ petition. The appellant is unsuccessful defendant, who has lost all through, right from the learned trial Court till before the learned Single Judge.

(2.) THE submission made before us, for assailing the impugned judgments is, that suit was filed on 15.05.1992, while as found by the learned trial Court, that settlement operations were under taken in the yer 1979, and in view of the provisions of Schedule III of the Rajasthan Tenancy Act, even the suit under Section 183 could be filed within 12 years of the arising of the cause of action, and by virtue of Section 63(1) (iv), since the plaintiff was admittedly deprived of possession, and since his right to recover possession got barred by limitation, per force of language of Section 63(i) the interest of the tenant, in his holding or a part thereof as the case may be, stood extinguished. It was also submitted that as a matter of fact the present suit was misconceived, as the suit was required to be filed under Section 187 instead of Section 183, and limitation for the suit under Section 187 was only 3 years from the date of dispossession, and therefore, the provisions of Section 63(1)(iv) are application with greater force. It was then submitted that the plaintiff in the present case had filed application for correction of entry in the year 1987, which was dismissed in default in the year 1991, therefore, the matter of entries in the revenue record stood concluded, as such the present suit could not be entertained from any stand point, and all the Courts below were in error in adjudicating the dispute.

(3.) WE have heard learned Counsel for the parties, and have considered the submissions, and have also gone through the papers available on record.