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Siyaram vs. Ratan & Ors.

36.00 3.60

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Rajasthan Tenancy Act, 1955–Sec. 88–Suit for declaration of tenancy rights–Dismissal of–Appreciation–Claim of plaintiff was based on unregistered agreement of sale–Plea of adverse possession taken by plaintiff was not maintainable as it can be taken as defence–Further, the khatedari rights can not be granted on the ground of adverse possession–Plea of plaintiff as regard to Sec. 63(4) is also not acceptable as the plea u/s. 63(4) can be taken only by a person whose tenancy rights have been extinguished and not by the person who is claiming the rights on the basis of long possession–Suit was rightly dismissed.