Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 24.8.93, passed by the Board of Revenue Rajasthan, whereby an appeal preferred by the petitioner against the judgment and decree dated 28.11.88 passed by the Revenue Appellate Authority (RAA), Jodhpur, affirming the judgment and decree dated 19.8.85 passed by the Sub Divisional Officer (SDO), Jaisalmer, dismissing the suit preferred by the petitioner under Section 88 of Rajasthan Tenancy Act, 1955 (for short "the Act"), stands dismissed.
(2.) THE petitioner -plaintiff filed a suit for declaration of his khatedari rights in respect of the land ad measuring 29 1/2 bighas and 3 biswas comprising khasra No. 945 and 18 1/4 bighas comprising khasra No. 946 in village -Delasar, alleged to be in his cultivatory possession since time immemorial. It was averred that when summary settlement of Jaisalmer had taken place, there were famine conditions in the village and therefore, the petitioner had to leave the place as a result of which the land was recorded in the revenue record as Government land and the petitioner could not acquire the benefit of khatedari rights thereon. The petitioner averred that the land in question was cultivated by him from time to time, which is entered in khasra girdawari of khasra No. 945, 946 & 947. The suit was contested by the State by filing a written statement thereto. On the basis of pleadings of the parties, the trial court framed the issues and the parties led their evidence.
(3.) AFTER due consideration of the evidence on record, the trial court arrived at the finding that the old possession of the petitioner over the land in question is not proved. The court found that the petitioner was shown to be trespasser over the land in question in khasra girdawari of Samvat 2034 to 2037 and thereafter, in Samvat 2040 and 2041. Suffice it to say that prior to Samvat 2036, the petitioner was not found to be in possession of the land in question. Accordingly, the suit preferred by the petitioner was dismissed by the trial court vide judgment and decree dated 19.8.85.;