LAWS(RAJ)-2003-11-17

GANPAT LAL Vs. RAJASTHAN HOUSING BOARD JODHPUR

Decided On November 13, 2003
GANPAT LAL Appellant
V/S
RAJASTHAN HOUSING BOARD JODHPUR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PRESENT writ petitions have been filed by the sons of Late Ram Chandra alias Chandriya by caste Mali, resident of Khema Ka Kuwa, Jodhpur. Petitioners claim that they had cultivatory possession of Khasra No. 125 and 123 situated in Village Suthala, Tehsil & District Jodhpur. In Khasra No. 125, they had 16 bighas and 11 Biswas and in Khasra No. 123, they had 9 Bighas land. In the record of 1943 A. D. , the ancestors of the petitioners were recorded as tenants. Ram Chandra, father of the petitioners died on Jeth Sud 9 Svt. Year 2027 (corresponding to 1970 approximately) and the petitioners continued to be in cultivatory possession of the land as khatedar tenants.

(3.) AFTER trial of the suit, the S. D. O. decreed the suit vide judgment dated 9. 5. 1985 and the petitioners were declared as Khatedars of 9 Bighas in Khasra No. 123 and 16 Bighas 11 Biswas in Khasra No. 125. A decree for permanent injunction was also granted against the defendants restraining them from interfering with the possession of the petitioners.