- (1.) ALL these petitions are disposed of by this common judgment and order as the same are arising out of common judgment and order dated 3. 8. 1995 passed by the Board of Revenue allowing 15 separate appeals filed by the State of Rajasthan.
(2.) WRIT petition No. 3351/95 is filed by Nand Lal. He filed suit no. 37/89 on 11. 4. 1989 claiming that he is in possession of the land in question since samvat year 2018 i. e. since last 20 years in the court of S. D. O. , Badi Sadri, Shri Natwarlal Ojha, R. A. S. against Smt. Kesi, Nandlal and Mst. Jamni under Sec. 88 and 188 of the Rajasthan Tenancy Act (for short the `act') for declaration of the land in question as Khatedar tenant and for consequent correction to be made in the revenue reco- rd. Defendant Smt. Kesi filed reply dated 29. 4. 1989 within 18 days of filing of the suit and admitted the contents of the suit by putting up thumb impression on the reply giving her no objection for decreeing the suit. The suit was decreed within fortnight of filing the reply by S. D. O. Shri Natwar Lal Ojha on 12. 5. 1989. Writ petition No. 3352/95 is filed by Shri Jagannath. He filed suit no. 54/88 on dated NIL claiming that he is in possession of the land in question since samvat year 2018 i. e. since last 20 years against Shri Bhagwana and Shri Mohan Lal. Mohan Lal was joined as defendant in the suit as the plaintiff came to know that defendant no. 1 Bhagwana sold the land in question to his son-in-law Mohan Lal. Reply dated 11. 4. 1988 was filed by both the defendatns admitting the suit of the plaintiff and gi- ving no objection in passing decree in favour of the plaintiff before the S. D. O. Learned S. D. O. Shri G. R. Bagaria, R. A. S. within 7 days of filing of the reply decreed the suit on 18. 4. 88. Writ petition No. 3353/95 is filed by Dadam Chand. He filed suit no. 26/89 before the court of S. D. O. Badi Sadri on 30. 4. 89 claiming that he is in possession of the land since, 1958 i. e. for last about 30 years against Shri Magna and Jeet Mal. The suit was decreed ex-parte immediately within less than a month i. e. 24. 4. 89 by S. D. O. Badi Sadri Shri Natwar Lal Ojha on the ground that though the defendants were served with the summons, they remained absent, therefore, ex-parte order was passed. Writ Petition no. 3354/95 is filed by Bal Mukund. He filed suit no. 55/88 dated NIL before the S. D. O. Badi Sadri, Shri G. R. Bagaria against defendant Pratha claiming that he is in possession of the land in question since samvat year 2008 i. e. since last more than 30 years. Reply dated 11. 4. 1988 was filed by defendant Pratha admitting the contents of the suit giving no objection in passing decree as prayed for. On 18. 4. 1988, within seven days of filing of the reply, the S. D. O. Shri G. R. Bagaria decreed the suit. Writ Petition No. 318/96 is filed by petitioners Hemraj and Ganga Ram. They filed suit No. 100/96 before the S. D. O. Badi Sadri Shri Narendra Dev Shukla against defendant Gautam claiming that they are in possession of the land in ques- tion since 1946 i. e. since last more than 40 years. On receiving the summon in the suit, defendant Gautam remained present at first instance before S. D. O. , but lateron he did not remain present nor filed any reply therefore, the suit was decreed ex- parte on 4. 7. 1987 by S. D. O. Badi Sadri Shri Narendra Dev Shukla.
(3.) WRIT Petition No. 541/96 is filed by petitioners Bagri Ram and Mohan Lal. They filed suit no. 29/88 before S. D. O. Badi Sadri, Shri G. R. Bagaria against defendants Bhanwarlal and Maghraj claiming that they were in possession of the land in question since 28/5/70 i. e. for last 18 years. Though served, the defendants did not remain present, the suit was immediately ex-parte decreed on 11. 4. 1988 by S. D. O. Shri G. R. Bagaria. Writ Petition no. 624/96 is filed by petitioner Pyar Chand. He filed suit no. 120/87 before the court of S. D. O. Badi Sadri, Shri Narendra Dev Shukla claiming that he is in possession of the land in question since samvat year 2007 i. e. for last about 40 years. Reply was filed by defendant Bhanwar Lal admitting the claim of the plaintiff and giving no objection to pass the decree as prayed for. Accordingly, the suit was decreed on 20. 7. 87 by S. D. O. Shri Narendra Dev Shukla. Writ Petition no. 695/95 is filed by Shri Prithvi Raj. He filed suit no. 27/86 against defendant Bhanwar Lal claiming to be in possession of the land in question since samvat year 2008 i. e. for last about 40 years. Defendant Bhanwar Lal filed reply and admitted the claim of the petitioner, giving no objection to pass the decree as prayed for. Accordingly, on 1. 3. 1986, S. D. O. Shri Narendra Dev Shukla decreed the suit. ;