- (1.) This second appeal has been filed by the unsuccessful plaintiff Behroon who went to the court u/s. 183 of the Rajasthan Tenancy Act with the averment that khasra No. 140 (previous No. 291 and 321) was in his cultivatory possession" and that the respondents also had land in his neighbourhood. He stated that the respondents had occupied 3 biswas of his land unlawfully and prayed that such land as may be found in the possession of the defendants respondents after measurement may be restored to him. The defendants denied the suit but stated that the matter related to the establishment of the boundry and may, therefore, be referred to the S.D.O.
(2.) The Assistant Collector who heard this case struck the following [three issues : - - (1) Whether the land in khasra No. 140 (former Nos. 291 and 321) in village Surer was in the cultivatory possession of the plaintiff? (2) Whether the defendants had occupied three biswas of land situated in the west of khasra No. 140 and whether the plaintiff was entitled to its restoration ? (3) Relief
(3.) Having examined the witnesses and the documents produced by both the sides, the trial court decided issue No. 1 in favour of the plaintiff but with regard to the issue No. 2 the trial court came to the conclusion that the plaintiff had failed to establish trespass and was not, therefore, entitled to a decree of ejectment.;