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Ram Chandra & Ors. vs. Ramsahai S/o Chhotu & Ors.

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Code of Civil Procedure, 1908–Order 41, Rule 27–Rajasthan Tenancy Act, 1955–Secs. 88 & 183–Remand of matter by BOR–Sustainability–Suit for permanent injunction and correction in revenue entries–Decreed by RAA–Findings of BOR that the RAA relied upon only the spot inspection and decided the appeal without appreciation of documentary evidence–It was not a case for which the retrial is necessary–RAA decided the appeal on the basis of oral and documentary evidence–BOR was required to decide the appeal one way or another way–Remand was not justified–Directed accordingly.