Thana Singh vs Saudagar Singh
2021 Latest Caselaw 19425 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17763/2021

1. Thana Singh S/o Shri Basant Singh, Aged About 60 Years, By Caste Jat, R/o Chak 7 H Bada, Tehsil And District Shriganganagar (Raj.).

2. Major Singh S/o Shri Basant Singh, Aged About 58 Years, By Caste Jat, R/o Chak 7 H Bada, Tehsil And District Shriganganagar (Raj.).

3. Sukhchen Singh S/o Shri Basant Singh, Aged About 62 Years, By Caste Jat, R/o Chak 7 H Bada, Tehsil And District Shriganganagar (Raj.).

4. Shamindra Singh S/o Shri Basant Singh, Aged About 64 Years, By Caste Jat, R/o Chak 7 H Bada, Tehsil And District Shriganganagar (Raj.).

----Petitioners Versus

1. Saudagar Singh S/o Shri Gopal Singh, By Caste Jat R/o Chak 4 Ll Dhingawali Tehsil And District Shriganganagar (Raj.).

2. State Of Rajasthan, Through Tehsildar (Revenue) Shriganganagar (Raj.) (Raj.).

----Respondents

For Petitioner(s) : Mr. B. S. Sandhu

JUSTICE DINESH MEHTA

Order

20/12/2021

1. Challenging the order dated 07.06.2012 passed by Sub

Divisional Officer (Revenue), Sri Gangangar, which has been

affirmed by learned Revenue Appellate Authority, Sri Ganganagar,

and Board of Revenue, Ajmer, learned counsel for the petitioners

relies upon judgment of Hon'ble the Supreme Court in the case of

Ravinder Kaur Grewal & Ors Vs. Manjit Kaur & Ors. reported in

(2 of 2) [CW-17763/2021]

(2019) 8 SCC 729 and contends that plea of adverse possession

can be used as a sword by the plaintiff as well as a shield.

2. Matter requires consideration.

3. Issue notice. Issue notice of stay application also, returnable

within eight weeks.

4. Meanwhile, status-quo in relation to petitioners' possession

shall be maintained.

(DINESH MEHTA),J

108-A.Arora/-

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