Rajasthan Tenancy Act, 1955–Secs. 88 & 188–Decree of khatedari rights and permanent injunction–Set aside by RAA–Justification–Objection upto effect that the petitioners were not a tenant or a co-tenant–Such objection was not raised before trial Court or RAA–Now, it cannot be allowed to be raised before this Court–Further, the Assistant Distt. Collector recorded the findings that the petitioners were tenants as per khata girdawari of Svt. 2009 to 2020–Plea of passing ex-parte decree also cannot be accepted as the respondent did not appear inspite of service of notice–RAA also wrongly condoned the delay of 13 years in appeal–Proceedings initiated against petitioners u/s. 175 have been dismissed–Held, decree passed by Trial Court deserves to be restored.
