- (1.) Heard Mr.K.K.Mehrishi, learned Senior Counsel assisted Mr.Sanjay Mehrishi, for the appellants. In challenge is the order dated 24.10.2013 passed in S.B.Civil Writ Petition No.9353/2012, whereby the interim order dated 25.2.2013 passed by this Court directing maintenance of status quo of the property involved has been affirmed with a rider requiring the appellant/writ petitioner to deposit an amount of Rs.1000/- per bigha per year before the jurisdictional Tehsildar to maintain possession thereof. By the order assailed, it has been directed as well that in case the appellant/writ petitioner fail to make the deposit within a period of two months, the jurisdictional Tehsildar would be free to dispossess him from the land.
(2.) The run up of facts to the institution of the aforementioned writ proceeding, in short, would be necessary.
(3.) The respondent No.4 herein had instituted a suit under the Rajasthan Tenancy Act, 1955 (for short, hereafter referred to as 'the Act') in the court of Sub Divisional Officer, Kota alongwith an application under Section 212 of the Act for appointment of a Receiver of the suit land. The respondent No.4/plaintiff pleaded, in short, that the Deity, Murti Mandir Shri Pitambarji Maharaj, a minor and represented by his next friend Shri Girvar Singh, was the khatedar of the suit land, and that, the defendants (appellants herein and two others) had illegally got their names registered as khatedars in respect thereof. According to the plaintiff/respondent No.5, initially the names of the appellants/defendants and the co-defendants were erroneously entered in the revenue records as sub-tenant of the suit land, of which it (the Diety) was the khatedar. It was pleaded that the suit land earlier was cultivated in Panti Pilai (partnership) on payment of rent. After the defendants/appellants got their names entered into the revenue records as khatedars, they stopped to do so, and instead, claimed themselves to be the khatedars. A decree was thus prayed for, amongst others, to remove the names of the defendants from the revenue records as khatedars and to re-register the name of the Deity in respect thereof.;