SANGEET LODHA, J. - (1.) This writ petition is directed against order dated 25.5.94 of Board of Revenue, Rajasthan, whereby a second appeal preferred by the petitioner under Section 224 of Rajasthan Tenancy Act, 1955 (for short "the Act") against the judgment and decree dated 16.6.87 of Revenue Appellate Authority (RAA)- II, Jodhpur, affirming the judgment and decree dated 25.2.87 passed by the Assistant Collector, Mt. Abu decreeing the suit preferred by the respondents-plaintiffs under Section 188 and 187B of the Act, stands dismissed.
(2.) The respondents-plaintiffs preferred a suit against the petitioner herein under Section 188 and 187B of the Act with the averments that the lands ad measuring 4 bighas 10 biswas comprising khasra no.48, 1 biswa comprising khasra no.49, 1 biswa comprising khasra no.50, 11 bighas 1 biswa comprising khasra no.51, 3 bighas 1 biswa comprising khasra no. 53 and 3 biswas comprising khasra no.54, have been in their possession since 1978 and prior to that the land was in cultivatory possession of their father and grand father. It was alleged that on 9.7.84, the petitioner-defendant had forcibly and illegally dispossessed the respondents-plaintiffs of 4.1 bighas land comprising khasra no.48 and 1.10 bighas land comprising khasra no.51. It was further alleged that the petitioner-defendant is bent upon to dispossess the respondents-plaintiffs from remaining land.
(3.) The suit was contested by the petitioner-defendant by filing a written statement thereto taking the stand that the disputed land was purchased by Shri Shyamlal from one Shri Ram Sahai through a registered sale deed on 12.10.60. The petitioner defendant claimed that ?th of the land was in his possession since long and therefore, Shri Ram Sahai was not entitled to sell the entire land and consequently, on the strength of the Will dated 6.12.78 executed by Shri Shyamlal in favour of respondents-plaintiffs they cannot claim any right over the land in occupation of the petitioner-defendant.;