Rajasthan Tenancy Act, 1955–Secs. 88, 89, 90 & 183–Revenue suit for declaration of khatedari rights, permanent injunction and eviction–Dismissed–RAA set aside the judgment of trial Court–BOR set aside the findings of RAA–Appreciation of–Land was mutated in favour of G prior to commencement of Rajasthan Tenancy Act–He remained khatedar till 1979 and thereafter, her successor J was recorded as khatedar–Suit was filed in 1990 i.e. after 40 years–It was belated in term of Kota circular and Sec. 63(1) of R.T. Act–Further, the claim u/s. 183 also could not have been sought as the period
more than 12 years had been lapsed–Defendants developed the land and made substantial investments over it–Further, the suit was filed after a gross delay of 40 years without any satisfactory explanation–Rights of plaintiff distinguished by virtue of provisions of Sec. 63(1)–Held, trial Court was justified in rejecting the suit.
