PRATAP SINGH AND ORS. Vs. BOARD OF REVENUE AND ORS.
LAWS(RAJ)-2014-3-273
HIGH COURT OF RAJASTHAN
Decided on March 21,2014

Pratap Singh And Ors. Appellant
VERSUS
Board of Revenue And Ors. Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the review applicants -appellants.
(2.) BY the instant application, a review and/or reconsideration of the judgment and order dated 21.3.2013 rendered in D.B. Civil Special Appeal No. 134/2013 dismissing the same has been sought for.
(3.) HAVING regard to the grounds averred, it would be expedient to outline in short the facts relevant. The respondents in the appeal aforestated had instituted several Revenue Suits in the Court of Assistant Collector -cum -Sub -Divisional Officer, Jodhpur against the review applicants -appellants. They also filed an application under section 212 of the Rajasthan Tenancy Act, 1955 (for short, hereafter referred to as "the Act") seeking appointment of a Receiver in respect of the suit land and covered by khasra No. 126, village Chopasni Tehsil Jodhpur. Claiming themselves to be the owners of the suit land on the strength of the purchase made by them by registered deed of sale, the respondents alleged inter -alia that the review applicants -appellants were interfering with their possession of the land involved by digging earth therefrom and asserted that it was essential to appoint a Receiver to secure and protect the same. In reinforcement of this prayer, a report dated 20.5.2008 of the jurisdictional Patwari was also relied upon. The learned Assistant Collector -cum -Sub Divisional Officer, Jodhpur vide order dated 19.12.2008 while observing that the respondents were khatedars of the land involved and the review applicants -appellants were in possession thereof, appointed a Receiver as they (review applicants -appellants) were found to be digging earth therefrom which warranted such a measure. The Tehsildar, Jodhpur was appointed as a Receiver of the suit land by removing the review applicants -appellants therefrom.;


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