NAND LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these petitions are disposed of by this common judgment and order as the same are arising out of common judgment and order dated 3. 8. 1995 passed by the Board of Revenue allowing 15 separate appeals filed by the State of Rajasthan.

(2.) WRIT petition No. 3351/95 is filed by Nand Lal. He filed suit no. 37/89 on 11. 4. 1989 claiming that he is in possession of the land in question since samvat year 2018 i. e. since last 20 years in the court of S. D. O. , Badi Sadri, Shri Natwarlal Ojha, R. A. S. against Smt. Kesi, Nandlal and Mst. Jamni under Sec. 88 and 188 of the Rajasthan Tenancy Act (for short the `act') for declaration of the land in question as Khatedar tenant and for consequent correction to be made in the revenue reco- rd. Defendant Smt. Kesi filed reply dated 29. 4. 1989 within 18 days of filing of the suit and admitted the contents of the suit by putting up thumb impression on the reply giving her no objection for decreeing the suit. The suit was decreed within fortnight of filing the reply by S. D. O. Shri Natwar Lal Ojha on 12. 5. 1989.

(3.) WRIT Petition No. 541/96 is filed by petitioners Bagri Ram and Mohan Lal. They filed suit no. 29/88 before S. D. O. Badi Sadri, Shri G. R. Bagaria against defendants Bhanwarlal and Maghraj claiming that they were in possession of the land in question since 28/5/70 i. e. for last 18 years. Though served, the defendants did not remain present, the suit was immediately ex-parte decreed on 11. 4. 1988 by S. D. O. Shri G. R. Bagaria.