- (1.) By way of this appeal, the appellant has assailed the judgment and order of the learned Single Judge whereby learned Single Judge vide order dt. 4.6.2001 has confirmed the order of Board of Revenue which has reversed the finding arrived at by SDO and confirmed by the RAA.
(2.) The facts of the case are that the petitioner filed a suit for declaration of khatedari rights against his father Sh. Narain and brother Sh. Banni @ Banne Singh in the court of Sub Divisional Officer, Hindaun, District Sawai Madhopur on the ground that in Samvat 2010 Sh. Narain partitioned all his agricultural land in favour of his five sons in equal shares and handed over the possession of the same separately to all his five sons for cultivation as sub tenants and since then all the five brothers have been cultivating the said land separately. Thus, the petitioner was in cultivatory possession as sub tenant of land wich came in his share i.e. whole of land pertaining no.s 489, 22, 757, 748 and western half of the land pertaining to khasra no.888 and therefore, he became entitled to be recorded as khatedari tenant under the provisions of Rajasthan Tenancy Act. That, respondent no.4 Banni Singh @ Banne Singh: one of the sons of Sh. Narain got a gift deed registered in his favour from late Sh. Narain Singh on 25.8.1996 in respect of the land pertaining to khasra no.22 (whole) and 888 (half) which was in share and possession of the petitioner. The Sub Divisional Officer decreed the suit in favour of the petitioner vide its judgment and decree dt. 12.5.1978.
(3.) Counsel for the appellant Mr. Mathur has taken us to the issues framed by the first authority which reads as under:- TABLE NOT FOUND;