URBAN IMPROVEMENT TRUST Vs. KHEMRAJ

JUDGEMENT

(1.) The petitioner Urban Improvement Trust, Udaipur has preferred the present writ petition questioning the legality of the order dated 20.12.2017, passed by the Board of Revenue, Ajmer, Rajasthan (hereinafter referred to as "the Board "), vide which its appeal under Section 225 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Act of 1955 "), against the order dated 30.09.2014, passed by the Revenue Appellate Authority has been dismissed.

(2.) The facts in brief, relevant for the present purposes, are that the plaintiffs (respondents herein) filed a suit for declaration and injunction, in relation to their Khatedari rights of the contentious land.

(3.) In the suit aforesaid, after the petitioner Urban Improvement Trust, Udaipur had filed its reply, the issues were framed, whereafter the petitioner (UIT) filed an application under Order VII Rule 11 of the Code of Civil Procedure and prayed that since the land had been acquired and due compensation paid, the suit proceedings deserved to be terminated, as the land had lost its nature of being agricultural land.