Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) ACCORDING to the petitioner, the Electricity Board even did not required the land dt. 22.11.2002 by which the Board of Revenue dismissed the appeal preferred by the petitioner and allowed the private respondents/defendants ' appeal and decreed the counter claim of the defendants and declared the defendants as khatedar tenant of the land in dispute. Brief facts of the case are that the plaintiff/petitioner filed a suit under Section 183 of the Rajasthan Tenancy Act claiming that the land in question is the land of Gurudwara and Mandir and the land is recorded so in the revenue record particularly, in jamabandi of Samwat Year 2048. The plaintiff pleaded that Moti Singh S/o Mansha Singh was looking after the land of Gurudwara and Temple. After the death of Moti Singh, the land was given to defendant Manmohan Singh so that the land can be cultivated. Said Manmohan Singh, since gave threat that he will alienate the land in question and thereby denied the title of the plaintiff, therefore, the plaintiff/petitioner filed the suit for eviction of the defendant.
(3.) IN reply to the plaintiff 's case, the respondent/defendant in written statement submitted that the land was allotted to the defendant by the order of Assistant Collector, Sri Karanpur dt. 13.05.1966. It is stated that a letter No. 830 dt. 04.06.1966 was also issued by the Assistant Collector, Srikaranpur to Tehsildar, Padampur informing him that the land has been allotted to the defendant. The defendant submitted that since last more than 12 years prior to the filing of suit, the defendant is in possession of suit property. Various issues were framed and as stated above, all the three courts below observed that originally, the land was recorded in the name of Gurudwara Singh Sabha but in view of Exhibit -D/6A dt. 04.06.1966, the land was recorded in the name of defendant and, therefore, the defendant became khatedar tenant.;