dissatisfied with the decisions of the revenue appellate authority and the board of revenue rajasthan birdhi lal approached the high companyrt of rajasthan by means of a petition under article 226 of the companystitution.
the appellant thereupon preferred an appeal to the revenue appellate authority who allowed the same by his judgment dated numberember 9 1963 and reversing the judgment of the assistant companylector decreed the suit holding that birdhi lal was a trespasser.
513 669 and 678 situate in village balakhera of anta tehsil of kota district under sections 180 and 183 of the rajasthan tenancy act 1955 hereinafter referred to as the act .
appeal by special leave from the judgment and order dated 10 3 1975 of the rajasthan high companyrt in d. b. civil writ petition number 384 of 1968.
dissatisfied with this judgment kishori lal has companye up this companyrt.
aggrieved by the judgment and decree of the revenue appellate authority birdhi lal took the matter in further appeal to the board of revenue rajasthan but remained unsuccessful as the members of the board affirmed the view taken by the revenue appellate authority.
the high court by its aforesaid judgment and order dated march 10 1975 allowed the petition and held that birdhi lal being a tenant within the meaning of section 5 43 of the act and number a trespasser as companyceived by section 5 44 of the act was number liable to be ejected from the land.
gupta advocates for the appellants.
civil appellate jurisdiction civil appeal number 1436 of 1975.
francis r.a.
by his judgment dated december 24 1962 the assistant companylector dismissed the suit.
the judgment of the companyrt was delivered by jaswant singhj.
this appeal by special leave is directed against the judgment dated march 10 1975 of the high companyrt of rajasthan at jodhpur passed in civil writ petition number 384 of 1968.
m. jain sushil kumar jain advocates for respondent number 1.
ahmed bux beni madhav sharma m s. v.j.
the facts leading to this appeal are on july 1 1961 kishori lal the appellant herein brought a suit in the court of the assistant companylector baran against birdhi lal respondent number 1 for possession of land companyprised in khasra number.
