ALOK SHARMA,J. - (1.) The petitioner Rajasthan Housing Board (RHB) has challenged the judgment dated 4-9-2012 passed by the Board of Revenue Rajasthan Ajmer (hereinafter 'the Board') dismissing second appeal under Section 224 of the Rajasthan Land Revenue Act, 1956 (hereinafter 'the Act of 1956') against the judgment dated 7-4-2010 passed by the Revenue Appellate Authority Jaipur dismissing the first appeal and affirming the judgment and decree dated 27-4-2009 passed by the Assistant Collector Jaipur City, whereby the suit filed by respondents-plaintiffs (hereinafter 'the plaintiffs') for declaration, permanent injunction and correction of entries was decreed.
(2.) The facts of the case are that the plaintiffs filed a revenue suit before the Assistant Collector Jaipur City for declaration, permanent injunction and correction of entries with regard to land in khasra No.24 admeasuring 0.05 hectare and khasra No.25 admeasuring 2.13 hectares (old No.11 admeasuring 8 bighas 7 biswas) situate in village Shri Govindpura Tehsil Sanganer District Jaipur impleading the petitioner Rajasthan Housing Board and the Jaipur Development Authority Jaipur as defendants. It was stated in the plaint that the ancestor of the plaintiffs Radha Chand was the recorded khatedar of the suit land prior to Svt.1987. During the settlement proceedings in Svt.1987 the land of khasra No.11 admeasuring 8 bighas 7 biswas was unauthorisedly and wrongly recorded as pasture land. During the course of settlement proceedings in the year 1989, the land of khasra No.11 was renumbered as khasra No.25 admeasuring 0.05 hectare and khasra No.25 admeasuring 2.13 hectares.
(3.) It was stated that on 20-8-2007 when the officers of defendant JDA reached to measure the land of khasra No.24 and 25, then on his objections to the measurement, the plaintiffs were informed that the land belonged to defendant RHB. On enquiries made the plaintiff came to know that during settlement proceedings in Svt.2015 the land in dispute was indeed recorded as pasture albeit unlawfully to the exclusion of the khatedari of the plaintiffs' predecessor in interest. It was stated that the land in dispute had at all time remained of the plaintiff and his ancestors as khatedars, suitable declaration, correction of entries accordingly and injunction was sought.;