YUSUF ALI KHAN AND ORS. Vs. VIMAL KUMAR AND ORS.
LAWS(RAJ)-2017-4-161
HIGH COURT OF RAJASTHAN
Decided on April 07,2017

Yusuf Ali Khan And Ors. Appellant
VERSUS
Vimal Kumar And Ors. Respondents

JUDGEMENT

- (1.) By way of this appeal, the appellant has challenged the judgment and order of the learned Single Judge whereby he has dismissed the petition.
(2.) This matter has a chequered history. The present appellant has challenged the judgment and order of the first authority which decided the matter after remand order passed by this Court in Writ Petition bearing No. 1866/75 decided on 9th July, 1984 wherein speaking for the Court, the learned Single Judge observed as under:- "I have given a considered thought to the rival submissions made by learned counsel for the parties. I, set-aside the judgments Ex. 2 and Ex. 3 dated 21.05.1969 and 20.10.1975 respectively passed by the Revenue Appellate Authority and the Board of Revenue respectively. I hold that the document Ex. D.1 presented by the defendant in the trial court is admissible in evidence for collateral purpose of showing the nature and character of the possession of the defendant (present petitioner). The case is sent back to the Revenue Appellate Authority for disposal according to law and after appreciating the evidence."
(3.) After remand, the authority while dealing with the case of the appellant after considering all the witnesses produced by the present appellant as well as the defendant has given the finding as under: ...[VARNACULAR TEXT OMITTED]...;


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