- (1.) This writ petition has been filed by the petitioners against the order of the Board of Revenue dated August 5, 1989.
(2.) The facts of the case are that a suit under Section 13 of the Rajasthan Tenancy Act, was filed by the respondent No. 3 Daya Ram for possession and redemption of mortgaged land in the court of Asstt. Collector, Sambhar Lake, wherein 7 issues were framed. Ultimately, the suit was dismissed by the trial court and it was held that the plaintiff failed to prove tenancy rights in his favour nor has proved the mortgage and therefore is not entitled for possession.
(3.) The plaintiff had claimed that the land was given to the petitioner-defendants by way of mortgage deed dated May 22, 1954 for a sum- of Rs. 701/- and they have refused to hand over the possession thereof even when the money was sent on May 28, 1960 through Madho Ram and Jeevan. The trial court also found that the defendants were having the possession since 1944 and, therefore, on the basis of adverse possession they are entitled to continue in possession and the suit was accordingly dismissed.;