M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the orders dated 7th December, 1977, 1st July, 1997 and 22nd November, 2001 passed by the Assistant Collector, Revenue Appellate Authority and Board of Revenue respectively. A further prayer is made to restore the order dated 6th December, 1985 passed by the Revenue Appellate Authority.
(2.) It is a case where petitioners filed a suit for ejectment under Section 183 of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955"). It was alleged that possession of the land was given to the respondents for a period of six months. It was not given back thus be evicted. The incidence was shown to be of 11th July, 1952. The suit preferred by the petitioners was dismissed. It was mainly in reference to the order passed by the Sub-Divisional Officer on 11th January, 1968 in a suit preferred by the respondents to claim khatedari rights and was decreed. It was filed subsequent to the suit preferred by the petitioners. The petitioners preferred an appeal against the said order before the Revenue Appellate Authority. The appeal was allowed with remand of the case to the SDO court. The suit preferred by the respondents was dismissed for non-prosecution thus no declaration of khatedari right exists in their favour.
(3.) The suit for ejectment filed by the petitioners was dismissed finding that respondents have been declared khatedar in a separate suit decided on 11th January, 1968 thus petitioners cannot claim eviction of the respondents. The SDO court as well as Revenue Appellate Authority further discussed the evidence also. It was found that respondents were in possession of the land even prior to the year 1952 thus based on their possession as well as the order passed in the criminal case, the suit for eviction was dismissed.;