- (1.) This special appeal is arising out of judgment and order dated 5 12 96 passed by the learned Single Judge of this Court dismissing writ petition No 2393/86 filed by the appellant-petitioners whereby the learned Sinqle Judge refused to interfere with the judgment and order passed by the Board of Revenue in Second Appeal dismissing the suit of the ap pellants petitioners
(2.) Facts which are not in dispute are as under Appellants were in possession of the land in question since 1939 but they were cultivating the same since time immemorial. They led evidence in their favour before Asstt. Collector but no evidence whatsoever was led by the State No evidence of rebuttal was led by the State be for trial Court. On the evidence available the trial Court decreed the suit.
(3.) Appeal against the same was dismissed by the first appellate authority i.e. R.A.A. was also dismissed. The State of Rajasthan filed review petition which was allowed and the matter was remanded to the Board of Revenue with the following directions : "Let the matter go back to the Board of Revenue for consideration only to the extent that whether the State has produced evidence the Court below without allowing to them produce any additional evidence to prove a presumption of the record of rights is incorrect. If it is held that no such evidence is adduced or in the record presumption of rights in favour of the petitioner must be held. Otherwise the Board is to decide the question in accordance with law.";